Last Updated: November 11, 2023
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
Carrie Fitness Interactive, LLC (“Carrie Fitness,” “we” or “us”), provides 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 (an “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). The Carrie Fitness Site and Apps, along with the Carrie Fitness-controlled social media pages, are collectively called the “Carrie Fitness Service” or the “Services.” By registering as a member or by visiting, browsing, or using the Carrie Fitness Service in any way, and having your usual residence in the US or Canada, you (as a “user”) accept and agree to be bound by these Terms of Service (the “Terms”), which form a binding agreement between you and Carrie Fitness.
THE DISCLAIMER, RELEASE OF LIABILITY AND ACKNOWLEDGEMENT OF RISK (THE “RELEASE”) IS AN INTEGRAL PART OF THESE TERMS. YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THE RELEASE.
BY REGISTERING AS A MEMBER, USING THE SERVICES, PLACING AN ORDER FOR PRODUCTS OR SERVICES OR BY VISITING, BROWSING, OR USING THE CARRIE FITNESS SERVICE IN ANY WAY, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
YOU MAY NOT REGISTER AS A MEMBER, USE THE SERVICES OR ORDER OR OBTAIN PRODUCTS OR SERVICES FROM CARRIE FITNESS IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT EITHER, (X) YOURSELF THE OLDER OF (I) AT LEAST 18 YEARS OF AGE OR (II) LEGAL AGE TO FORM A BINDING CONTRACT WITH CARRIE FITNESS, OR (Y) A PARENT OR GUARDIAN OF A MINOR 13 YEARS OF AGE OR OLDER, YOU ARE ABLE TO FORM A BINDING CONTRACT WITH CARRIE FITNESS ON BEHALF OF SUCH MINOR AND YOU ARE AGREEING TO THESE TERMS OF SERVICE IN SUCH CAPACITY WITH
RESPECT TO SUCH MINOR, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THE SERVICES APPLICABLE LAW.
THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER (SECTION ). READ CAREFULLY, INCLUDING YOUR RIGHT, IF APPLICABLE, TO OPT OUT OF ARBITRATION. EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN SECTION BELOW, 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.
1.1. Membership Holder Age Requirement. You must be at least 18 years old, or the age of legal majority in your jurisdiction of residence, to purchase a Carrie Fitness Membership Subscription and become a Membership Holder (as defined in the Membership Terms).
1.2. Member Age Requirement. You must be at least 13 years old to become a Member (as defined in the Membership Terms). For a Member above the age of 13 years old but under the age of 18 years old, you may only become a Member with the permission of a parent or legal guardian, with such parent or legal guardian agreeing to be subject to and bound by these Terms and responsible for that Member’s activity on the Carrie Fitness Service and compliance with these terms as a Membership Holder by allowing them to use the Carrie Fitness Service.
1.3. Restrictions and Responsibilities. We may, in our sole discretion, refuse to offer the Carrie Fitness Service to any person or entity and change the eligibility criteria at any time. You are solely responsible for ensuring that these Terms are in compliance with all laws, rules and regulations applicable to you, and the right to access and use the Carrie Fitness Service is revoked where these Terms or use of the Carrie Fitness Service is prohibited or conflicts with any applicable law, rule or regulation. Further, the Carrie Fitness Service is offered only for your personal, non-commercial use, and not for the use or benefit of any third-party.
2.1. License. Subject to your compliance with these Terms and solely for so long as you are permitted by us to access and use the Carrie Fitness Service, Carrie Fitness grants you a limited, non-transferable, non-exclusive, revocable right and license to access and use the Carrie Fitness Service for your own personal, non-commercial purposes, a right which may not be assigned or sublicensed to anyone. This license includes the right to view Content (defined below) available on the Carrie Fitness Service and the right to download one copy of an application to any single device for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. This license grant is subject to you agreeing to and abiding by Carrie Fitness’s Intellectual Property and DMCA Policy, which form a part of these Terms. This license will remain in effect unless and until you violate these Terms or this license is terminated by you or Carrie Fitness.
2.2. Restrictions. Except as expressly permitted in writing by an authorized representative of Carrie Fitness, you will not reproduce, redistribute, sell, transfer, create derivative works from, decompile, reverse engineer, or disassemble the Carrie Fitness Service, nor will you take any measures to interfere with or damage the Carrie Fitness Service. Unless otherwise specified, copying or modifying any Content or using Content for any purpose other than your personal, non-commercial use of the Carrie Fitness Service, including use of any such Content on any other website or networked computer environment, is strictly prohibited. All rights not expressly granted by Carrie Fitness in these Terms are reserved.
(a) What information we may collect about you; (b) What we use that information for; and
(c) With whom we share that information.
4.1. Subscription. To enjoy full access to the Carrie Fitness Service, you must register as a member of the Carrie Fitness Service and enter into a subscription agreement for access to our live and on-demand classes, Content, and features (a “Subscription”). Your Subscription is also governed by the Membership Terms. You must provide complete and accurate registration information to Carrie Fitness, complete the Subscription process, and notify us if any of your information changes. If you fail to keep your account information up to date, we may have to suspend or terminate your Subscription.
4.2. Profile Information and Picture. You may not use someone else’s name or any name, location, or other public profile information, or image that violates any third-party rights, is against the law, or is offensive, obscene, or otherwise objectionable (in Carrie Fitness’s sole discretion).
4.3. Account Security. You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You may not allow others to use your account; this includes furnishing your username and password to third-party developed applications to connect to your account for any reason. 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 Carrie Fitness Service. If you become aware of unauthorized access to your account, change your password and notify our Support team immediately.
6. Sale of Products, Services, and Memberships.
6.1. Order Process and Product Availability. Carrie Fitness accepts orders for Memberships (as defined in the Carrie Fitness Membership Terms), products, apparel, and accessories that we may offer through the Carrie Fitness Site. Unfortunately, the availability of products cannot be guaranteed. Please note that products, services, and other information provided are subject to corrections and changes without notice. Advertising depictions, graphics, and diagrams are for illustrative purposes only and may not accurately reflect actual product or component availability. Colors, styles and other variants depicted are for illustration only and are subject to change. Errors will be corrected where discovered, and we reserve the right to revoke any stated offer and to correct any errors, inaccuracies or omissions.
6.2. Payment Process. 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 shipping address you provide. We reserve the right to 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 if we cancel. We may send an acknowledgment of receipt of your order to the email address you provide and/or proof of purchase information through the Carrie Fitness Site or to your email address after your payment has been processed. Please see the specific product’s stated warranty information, if any, for further information about Carrie Fitness products.
6.3. Return Policy for Products. You may return a product purchased from Carrie Fitness within 30 days after purchase. To return products, you must contact us, and if the product is eligible for a return, you will receive a return merchandise authorization (“RMA”) with instructions on how to return your product. You are responsible for shipping your returned product to Carrie Fitness, including any costs for shipping the product to Carrie Fitness. Returned products must be in the same condition as you received them. Upon receipt of the returned product in satisfactory condition under a valid RMA within the eligibility period, Carrie Fitness will refund the original purchase price of the product and related sales taxes to your original payment method. Shipping and handling fees (including related sales taxes on such fees) are not refundable. Additional restrictions may apply to certain products purchased from Carrie Fitness. This Return Policy is not a warranty. This Return Policy only applies to physical products purchased from Carrie Fitness and does not apply to any services, content or other transactions with Carrie Fitness, including but not limited to orders for Memberships and Subscriptions, which are governed by the respective stated terms and conditions in these Terms of Service including the Membership Terms.
6.4. Orders for Memberships. Orders for Memberships, and gift, promotional or similar Memberships, whether for you or a third-party recipient, are subject to additional terms and conditions, including the Membership Terms and all other communication provided to you and/or the third-party recipient, whether on Carrie Fitness Site or in any acknowledgement of receipt or other email relating to your purchase of a Membership, Activation Code, or gift, promotional or similar Membership. Gift, promotional or similar Memberships, have no cash value or property value. Gift, promotional or similar Memberships cannot be assigned, transferred, purchased or sold, redeemed for cash or credit or any other monetary value or currency, or used to pay debts by the recipient.
7.1. Term. These Terms begin on the date you first use the Carrie Fitness Service and continue as long as you have an account with us and/or continue to use the Carrie Fitness Service.
7.2. Termination. Carrie Fitness may, in Carrie Fitness’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, for any lawful reason, including if Carrie Fitness determines that you have violated these Terms or that your conduct or User Content would tend to damage Carrie Fitness’s reputation or goodwill. Carrie Fitness may block your access to the Carrie Fitness Service to prevent re-registration.
7.3. Effect of Termination / Account Deletion. Upon termination of these Terms all licenses granted by Carrie Fitness will terminate. The following sections survive termination: Privacy (Section 3), User Content (Section 8), Indemnification (Section ), No Warranties (Section ), Limitation of Liability (Section ), Safety Warnings (Section ), Intellectual Property (Section ), Arbitration Requirement & Class Action Waiver (Section ), Contracting Entities, Governing Law and Jurisdiction (Section 21), and all general provisions. In the event of account deletion for any reason, User Content may no longer be available and Carrie Fitness 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 and any other Content or features provided through the Carrie Fitness Service. Carrie Fitness, in its sole discretion, may make available a very limited amount of Content or features to non-subscribers from time to time, and any use of that Content is governed by these Terms.
8.1. Content. “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Carrie Fitness Service. “User Content” means any content that users (including you) provide to be made available through the Carrie Fitness Service. Content includes, without limitation, User Content.
8.2. Responsibility. Any 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 these Terms and with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Carrie Fitness 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. To the full extent permitted by law, we make no representations, warranties or guarantees with respect to any Content that you access on or through the Carrie Fitness Service.
8.3. Representations, Waivers, Grant of Rights and License. As between you and Carrie Fitness, you represent that you own (or have all rights necessary to grant Carrie Fitness the rights below to) all User Content that you submit to the Carrie Fitness Service and that Carrie Fitness will not need to obtain licenses from any third-party or pay royalties to any third- party in order to use such User Content. You grant Carrie Fitness 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 (including, without limitation, translations) 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 Carrie Fitness Service permission to view your User Content for their personal, non- commercial purposes. If you make suggestions to Carrie Fitness or through the Carrie Fitness Service about improving or adding new features or products to the Carrie Fitness Service or you otherwise provide feedback, product or service reviews, or testimonials, you hereby grant to Carrie Fitness a worldwide, perpetual, irrevocable, non-exclusive, sublicensable (through multiple tiers), transferable royalty-free license and right to use, copy, modify, create derivative works based upon and otherwise exploit your suggestions, feedback, reviews and testimonials for any purpose (including for marketing), without any notice, compensation or other obligation to you.
8.4. Removing Your Content. You can remove your User Content by specifically deleting it. However, in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed, and copies of your User Content may continue to exist on the Carrie Fitness Service. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
9. Rights and Terms for Apps (Effective Upon Release of Apps).
9.1. Rights in App Granted. Upon release and existence of an App, subject to your compliance with these Terms, Carrie Fitness grants to you a limited, non-exclusive, non- transferable, revocable license, with no right to sublicense, to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. You may not copy the App except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not:
(a) copy, modify, or create derivative works based on the App;
(b) distribute, transfer, sublicense, lease, lend or rent the App to any third-party; (c) reverse engineer, decompile, or disassemble the App; or
(d) make the functionality of the App available to multiple users through any means.
Carrie Fitness reserves all rights in and to the App not expressly granted to you under these Terms.
9.2. Accessing App from an App Store. The following terms apply to any App accessed through or downloaded from any app store or distribution platform (like the Apple App Store or Google Play) where the App may now or in the future be made available (each an “App Provider”). You acknowledge and agree that:
(h) You must also comply with all applicable third-party terms of service when using the App.
10. General Prohibitions and Carrie Fitness’s Enforcement Rights. You agree not to do any of the following:
(a) Post, upload, publish, submit, or transmit any User Content or engage in any activity that:
(b) Use, display, mirror or frame the Carrie Fitness Service or any individual element within the Carrie Fitness Service, Carrie Fitness’s name, any Carrie Fitness trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Carrie Fitness’s express written consent;
(c) Access, tamper with, or use non-public areas of the Carrie Fitness Service, Carrie Fitness’s computer systems, or the technical delivery systems of Carrie Fitness’s providers;
Although we’re not obligated to monitor access to or use of the Carrie Fitness Service or Content or to review or edit any User Content, we have the right to do so for the purpose of operating the Carrie Fitness Service, to ensure compliance with these Terms, to comply with applicable law or other legal requirements and to maintain the integrity and reputation of the Carrie Fitness Service and Carrie Fitness’s systems. We reserve the right, but are not obligated, to remove or disable access to any User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any User Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Carrie Fitness Service. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
11. Member Interactions, Dealings with Third Parties.
When interacting with other Carrie Fitness members, 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 Carrie Fitness Service, whether regarding payment or delivery of specific goods and services, donations or fundraisers, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third-party. You agree that Carrie Fitness is not responsible or liable for any loss, damage, injury, or other matters of any sort incurred as the result of such dealings
You agree to indemnify, defend, and hold harmless Carrie Fitness and its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to:
(a) your activities on the Carrie Fitness Service,
(b) any User Content submitted by or on behalf of you or (c) your violation of these Terms.
13. Geographic Restrictions.
The Carrie Fitness is based in the State of Delaware in the United States. We provide the Carrie Fitness Service for use only by persons located in the United States. We make no claims that the Carrie Fitness Service or any Content is accessible or appropriate outside of the United States. Access to the Carrie Fitness Service may not be legal by certain persons or in certain countries. If you access the Carrie Fitness Service from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
14. Third-Party Links and Content.
There may be links on the Carrie Fitness Service that let you leave the particular Carrie Fitness Service you are accessing in order to access a linked site that is operated by a third- party. Carrie Fitness neither controls nor endorses these sites, nor has Carrie Fitness reviewed or approved the content that appears on them. Carrie Fitness 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. You acknowledge and agree that Carrie Fitness is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the access or use of any of the links, content, goods or services available on or through these third-party sites.
15. No Warranties.
15.1. Reservation of Rights. Carrie Fitness reserves the right to modify the Carrie Fitness Service, including, but not limited to updating, adding to, enhancing, modifying, removing or altering any Content or features of the Carrie Fitness Service, at any time, in its sole discretion. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the Carrie Fitness Service. Carrie Fitness has no obligation to screen or monitor any Content and does not guarantee that any Content available on the Carrie Fitness Service is suitable for all users or that it will continue to be available for any length of time.
15.2. As Is, As Available. Carrie Fitness provides the Carrie Fitness Service on an “AS IS” and “AS AVAILABLE” basis. You therefore use the Carrie Fitness Service at your own risk. Other than as expressly provided in writing by Carrie Fitness in connection with your purchase of a Carrie Fitness product, to the extent permitted by law, Carrie Fitness 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, quiet enjoyment and any other warranty that might arise under any law. Without limiting the foregoing, Carrie Fitness makes no representations or warranties:
15.3. Applicability to Third Parties. 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 these Terms.
15.4. Warranty Period. TO THE EXTENT ANY DISCLAIMER OR LIMITATION OF LIABILITY DOES NOT APPLY, TO THE FULLEST EXTENT PERMITTED BY LAW, 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 CARRIE FITNESS SERVICE, AND NO WARRANTIES SHALL APPLY AFTER SUCH PERIOD.
16. Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT YOU HAVE READ, UNDERSTAND, ACCEPT AND ARE SUBJECT TO THE RELEASE, WHICH TERMS APPLY HERETO, AND YOU FURTHER UNDERSTAND, ACKNOWLEDGE AND AGREE:
(a) Carrie Fitness shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, economic or pure economic losses, goodwill, use, data, service interruption, computer damage, system failure, inability to use the Carrie Fitness Service or Content or other intangible losses, even if a limited remedy set forth herein is found to have failed its essential purpose; and (b) Carrie Fitness’s total liability to you for all claims, in the aggregate, will not exceed the amount actually paid by you to Carrie Fitness over the 12 months preceding the date your first claim(s) arose.
If you live in a jurisdiction that does not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation does not apply to you. To the extent that one or any aspect of Carrie Fitness’s limitations set out 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 Carrie Fitness and you.
17. Safety Warnings.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT YOU HAVE READ, UNDERSTAND, ACCEPT AND ARE SUBJECT TO THE RELEASE, WHICH TERMS APPLY HERETO, AND YOU FURTHER UNDERSTAND, ACKNOWLEDGE AND AGREE:
THE CARRIE FITNESS SERVICE OFFERS HEALTH AND FITNESS INFORMATION AND IS DESIGNED FOR EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY. YOU SHOULD CONSULT YOUR PHYSICIAN OR GENERAL PRACTITIONER BEFORE BEGINNING A NEW FITNESS PROGRAM. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN, GENERAL PRACTITIONER OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTHCARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE CARRIE FITNESS SITE OR HEARD ON THE CARRIE FITNESS SERVICE. THE USE OF INFORMATION PROVIDED THROUGH THE CARRIE FITNESS SERVICE IS SOLELY AT YOUR OWN RISK AND IS NOT MEDICAL OR HEALTHCARE ADVICE.
NOTHING STATED OR POSTED ON THE CARRIE FITNESS SITE OR AVAILABLE THROUGH ANY CARRIE FITNESS SERVICE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THESE TERMS, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. THE CARRIE FITNESS SERVICE IS CONTINUALLY UNDER DEVELOPMENT AND, TO THE FULL EXTENT PERMITTED BY LAW, CARRIE FITNESS 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 HERE. NO ASSURANCE CAN BE GIVEN THAT THE ADVICE CONTAINED IN THE CARRIE FITNESS SERVICE WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.
In becoming a user of Carrie Fitness with the intent of using the Carrie Fitness Service, you affirm that either (A) all of the following statements are true:
(B) your physician or general practitioner has been specifically consulted by you and approved of your use of the Carrie Fitness Service.
If applicable, you further affirm that:
Carrie Fitness reserves the right to refuse or cancel your membership if we determine that you have certain medical conditions or that the representations set forth above are untrue in any respect.
18. Intellectual Property Acknowledgment.
You acknowledge and agree that your use of the Carrie Fitness Services and any Content contained therein is dependent upon you agreeing to and abiding by the Carrie Fitness’s Intellectual Property and DMCA Policy at all times. You further acknowledge that the Carrie Fitness 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 Carrie Fitness-generated content, and content provided to Carrie Fitness by its partners and licensors, is copyrighted individually and/or as a collective work under the U.S. copyright laws and all applicable international copyright (or equivalent) laws in all jurisdictions and protected under other intellectual property laws worldwide; further, as between you and Carrie Fitness, Carrie Fitness own intellectual property rights in the selection, coordination, arrangement and enhancement of all content in the Carrie Fitness Service.
19. Intellectual Property Usage and Reporting Infringement.
Carrie Fitness 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’s right or other intellectual property rights. If you believe that the Carrie Fitness Service or any Content contains elements that infringe or misappropriate your copyrights or other intellectual property rights (or the intellectual property rights of others), please go to Carrie Fitness’s Intellectual Property and DMCA Policy for directions on how to report it to us.
20. ARBITRATION AGREEMENT & CLASS ACTION WAIVER.
IMPORTANT – PLEASE REVIEW AS THIS MAY AFFECT YOUR LEGAL RIGHTS. APPLICABLE TO THE FULL EXTENT PERMITTED BY LAW.
20.1. Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services, Content, or Carrie Fitness products (each, a “Dispute” and collectively, the “Disputes”) will be resolved solely by binding, individual arbitration, unless expressly provided otherwise in this Section , and not in a class, representative or consolidated action or proceeding. You and Carrie Fitness agree that the U.S. Federal Arbitration Act (or equivalent laws in the jurisdiction in which the Carrie Fitness entity that you have contracted with is incorporated) governs the interpretation and enforcement of these Terms and that YOU AND CARRIE FITNESS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. This Section shall survive the termination of these Terms.
20.2. Exceptions and Opt-out Option. The only exceptions to Section are the following:
20.3. Initial Dispute Resolution and Notification. You and Carrie Fitness agree that, prior to initiating an arbitration or other legal proceeding, you and Carrie Fitness will attempt to negotiate an informal resolution of the Dispute. To begin this process, and before initiating any arbitration or legal proceeding against Carrie Fitness, you must send a Notice of Dispute (“Notice”) by certified mail to the attention of Carrie Fitness’s Legal Department at the Carrie Fitness address set out in Section 24 of these Terms. For purposes of these Terms, initiating an arbitration means filing an arbitration demand (“Demand”).
20.4. Conducting Arbitration and Arbitration Rules. Any arbitration must be initiated with and conducted by National Arbitration & Mediation (“NAM”) pursuant to its Comprehensive Dispute Resolution Rules and Procedures and/or its Mass Filing Supplemental Dispute Resolution Rules and Procedures (together, the “NAM Rules”), except as modified by these Terms. The NAM Rules are available at www.NAMADR.org, by calling NAM at 1-800-358-2550. In any instance where the applicable NAM Rules and these Terms are inconsistent, these Terms shall control.
20.4.1. An arbitration Demand filed with NAM must include a certification signed by the filing party verifying compliance with the Initial Dispute Resolution and Notification requirements and other requirements set out in this Section .
20.5. Mass Filing Procedures. YOU AND CARRIE FITNESS AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, EACH OF US IS WAIVING THE RIGHT TO BRING OR PARTICIPATE IN A MASS ARBITRATION. Carrie Fitness’s receipt of one or more Notice(s) of substantially similar claims brought by or on behalf of 25 or more claimants (including you) within a 60-day period (“Mass Filing”) shall be subject to the additional procedures set forth below. Claims included in a Mass Filing, if not resolved during the Informal Dispute Resolution Period, may proceed only in accordance with the procedures set out below, and subject to the NAM Mass Filing Supplemental Dispute Resolution Rules and Procedures (“NAM Mass Filing Rules,” available at https://www.namadr.com/resources/rules-fees-forms/) to the extent not contrary to these Terms. If a court determines that this Section 20.5.5 is not enforceable as to your claim, then your claim may only proceed individually in court consistent with these Terms.
20.6. Arbitration Costs. Payment of all arbitration filing fees and costs will be governed by the applicable NAM Rules. If you prevail on your claim in arbitration, Carrie Fitness will reimburse you for any portion of the arbitration filing fees you paid that exceeded the amount you would have paid to file a complaint in a court of competent jurisdiction pursuant to Section 21. If Carrie Fitness prevails on your claim in arbitration, and the arbitrator finds that your claim was frivolous or filed in bad faith, the arbitrator may award Carrie Fitness reimbursement from you of Carrie Fitness’s arbitration filing fees and costs.
20.7. Offer of Settlement. Carrie Fitness may, but is not obligated to, make a written offer to settle your claim at least 14 days before the arbitration hearing date. The amount or terms of any settlement offer may not be disclosed to the arbitrator until after the arbitrator issues an award on the claim. If an award is issued in your favor but is less than Carrie Fitness’s settlement offer, the arbitrator may order you to pay the arbitration costs incurred by Carrie Fitness after its offer was made, unless otherwise prohibited by the underlying law governing your claim.
20.8. Class Action Waiver. YOU AND CARRIE FITNESS AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, EACH OF US MAY BRING CLAIMS (WHETHER IN COURT OR IN ARBITRATION) AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, CLAIMANT, OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, COORDINATED, PRIVATE ATTORNEY GENERAL, REQUEST FOR PUBLIC INJUNCTIVE RELIEF, OR REPRESENTATIVE PROCEEDING. This also means that you and Carrie Fitness may not participate in any class, collective, consolidated, coordinated, private attorney general, request for public injunctive relief, or representative proceeding brought by any third-party. Notwithstanding this provision or any other language in these Terms, you or Carrie Fitness may participate in a class-wide settlement. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND CARRIE FITNESS WAIVE ANY RIGHT TO A JURY TRIAL.
20.9. Effect of Changes on Arbitration. Notwithstanding the provisions of Section 25 “Modification,” if Carrie Fitness changes any terms of this Section after the date you first accepted these Terms or any subsequent changes to these Terms, you may reject the new changes to Section by sending us written notice, personally signed by you, by certified mail to the attention of Carrie Fitness’s Legal Department at the Carrie Fitness address set out in Section 24 of these Terms within 30 days of the date such change became effective, as indicated by the later of (1) the “Last Updated” date of the Terms you seek to reject or (1) the date of Carrie Fitness’s email to you notifying you of such change. Even if you reject a change, you will remain subject to Section 20 of the last version of the Terms you had accepted.
20.10. Severability. If any portion of this Section is found to be void, invalid, or otherwise unenforceable, then that portion shall be deemed to be severable and, if possible, superseded by a valid, enforceable provision, or portion thereof, that matches the intent of the original provision, or portion thereof, as closely as possible. The remainder of Section and all other Terms shall continue to be enforceable and valid.
21. Contracting Entities, Governing Law and Jurisdiction.
You are contracting with Carrie Fitness Interactive, LLC. unless otherwise specified in these Terms.
These Terms shall be governed by the laws of the State of Delaware, United States of America, without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply.
Subject to the agreements in Section above, exclusive jurisdiction for all Disputes that are not required to be arbitrated will be the state and federal courts located in Wilmington, Delaware, United States of America, and you consent to the jurisdiction of those courts.
22. Interpretation; Severability; Waiver; Remedies.
Headings are for convenience only and shall not be used to construe these Terms. If any term of these Terms is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from these Terms.
The disclaimers, releases, indemnification provisions and other rights of Carrie Fitness in these Terms are in addition to, and not instead of, such disclaimers, releases and indemnification provisions in the Release, and nothing herein or therein shall diminish Carrie Fitness’s rights with respect thereto, and Carrie Fitness has the right to elect such remedies and enforce such rights as Carrie Fitness may from time to time choose, without waiver or release of any other remedy or right at that time or at any time thereafter.
No failure or delay by Carrie Fitness in exercising any right hereunder will waive any further exercise of that right. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Carrie Fitness. Carrie Fitness’s rights and remedies hereunder are cumulative and not exclusive.
23. Successors; Assignment; No Third-party Beneficiaries.
These Terms are 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 these Terms without Carrie Fitness’s prior written consent. Carrie Fitness may assign its rights, obligations and/or these Terms at any time in its sole discretion without notice to you.
You consent to receive all communications including notices, agreements, disclosures, or other information from Carrie Fitness electronically. Carrie Fitness may communicate by email or by posting to the Carrie Fitness Service. For support-related inquiries, you may email Support. For all other notices to Carrie Fitness, write to the following addresses:
Carrie Fitness Interactive, LLC 1442 Pottstown Pike
West Chester, PA 19380
Nothing in these Terms or otherwise limits Carrie Fitness’s right to object to subpoenas, claims, or other demands.
We may update these Terms at any time, in our sole discretion. If we do so, we’ll let you know by, at a minimum, posting the updated Terms (as indicated by a revised “Last Updated” date at the top of this page) on the Carrie Fitness Site and/or through the Carrie Fitness Service. Modifications will be effective on the date that they are posted to the Carrie Fitness Site. It’s important that you review the Terms whenever we update them before you use the Carrie Fitness Service. If you continue to use the Carrie Fitness Service after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you don’t agree to be bound by the updated Terms, then, except as otherwise provided in Section 20.9 “Effect of Changes on Arbitration,” you may not use the Carrie Fitness Service anymore. Because the Carrie Fitness Service is evolving over time we may change or discontinue all or any part of the Carrie Fitness Service, at any time and without notice, at our sole discretion.
26. Entire Agreement.
These Terms incorporate the following legal documents by reference, as well as any other policies or procedures referenced herein that are posted to the Carrie Fitness Site from time to time:
(a) Membership Terms
(c) Disclaimer, Release of Liability and Acknowledgement of Risk (d) Intellectual Property and DMCA Policy
In the event of a conflict between any policies posted on the Carrie Fitness Service and these Terms, these Terms will control. These Terms represent the entire understanding between Carrie Fitness and you regarding the Carrie Fitness Service or Content and supersede all prior agreements and understandings regarding the same. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
27. Force Majeure.
Neither party shall be liable for any failure or delay in performance under these Terms (other than for delay in the payment of money due and payable in accordance with these Terms) for causes beyond the party’s reasonable control and not caused by that party’s fault, or negligence, including, but not limited to, “acts of God,” acts of government, flood, fire, civil unrest, acts of terror, strikes or other labor problems, computer attacks or malicious acts, such as attacks on or through the internet, any internet service provider, telecommunications or hosting facility, but in each case, only if and to the extent that the non-performing party is without fault in causing such failure or delay, and the failure or delay could not have been prevented by reasonable precautions and measures and cannot reasonably be circumvented by the non-conforming party through the use of alternate sources, workaround plans, disaster recovery, business continuity measures or other means. Dates by which performance obligations are scheduled to be met will be extended for a period of time equal to the time lost due to any delay so caused.
28. Email, SMS and Telephone Terms.
If you opt in to text messages, you will receive text messages from Carrie Fitness. Carriers are not liable for delayed or undelivered messages. Message frequency varies. Message and data rates may apply.
If you opt in to Carrie Fitness text messages, you will receive text messages from Carrie Fitness for marketing purposes. “Carrie Fitness” text messages are recurring automated promotional and personalized marketing text messages (e.g. cart reminders) from Carrie Fitness at the cell number used when signing up. Consent is not a condition of any purchase. Carriers are not liable for delayed or undelivered messages. Message frequency varies. Message and data rates may apply.