Tune Up Fitness Worldwide, Inc. Terms of Service
1. GENERAL INFORMATION
1.1 TUNE UP FITNESS PRODUCTS
These Terms & Conditions (these “Terms”) contain the terms and conditions on which we supply content, products or services listed on tuneupfitness.com (the “Website”) or via other delivery methods to you (the Website and such content, products, and services are collectively referred to herein as the “Product” or “Products”, which may be updated from time-to-time at the sole discretion of Tune Up Fitness). Please read these terms and conditions, carefully before ordering any Tune Up Fitness Products. The terms “Tune Up Fitness,” “us”, “we”, or “our” refers to Tune Up Fitness Worldwide, Inc. The term “Device” refers to the device which is used to access the Products including but not limited to computers, smart phones, tablets, TVs and other devices. The term “you” refers to the user of the Products. The term “Order” refers to the purchase of, or request for access and/or use. When you Order any Products, or otherwise gain access to the Products, you agree to be bound by these Terms and all applicable laws, rules and regulations. You may also be asked to click “I accept the Terms and Conditions” at the appropriate place prior to your purchase or access to the Product(s) and/or prior to your access to sections of our Product(s). At such time, if you do not click “I accept the Terms and Conditions”, you may not be able to complete such purchase or gain such access. By using the Products, you indicate that you accept these Terms and that you agree to abide by them. If you do not agree to these Terms, please refrain from using the Products.
1.2 ENTIRE TERMS & AGREEMENT
These Terms and any additional terms or conditions set forth by specific Tune Up Fitness Orders constitute the whole agreement between you and Tune Up Fitness for the supply of the Products. In order to participate in certain Products, you may be required to agree to additional terms and conditions; those additional terms are hereby incorporated into these Terms. Where such terms are inconsistent with these Terms, the most stringent terms shall control unless otherwise noted.
You as the user acknowledge and accept the responsibility of checking and verifying that the details of these Terms and any additional terms specific to your Order(s) are complete and accurate before you use or commit yourself to the purchase the Products.
If you think that there is a mistake, please make sure that you ask us to confirm any changes in writing; the terms and conditions of this agreement may not be amended or modified, except by a written representation from Tune Up Fitness, as we only accept responsibility for Tune Up Fitness statements and representations made in writing by an officer of Tune Up Fitness.
1.3 CHANGES TO TERMS
Tune Up Fitness reserves the right to change or update these Terms, or any other of our policies or practices, at any time, and will notify users by posting such changed or updated Terms on this page. Any changes or updates will be effective immediately upon posting to tuneupfitness.com. Your continued use of the Products constitutes your agreement to abide by the prevailing Terms as defined and posted by Tune Up Fitness. Under certain circumstances we may also elect to notify you of changes or updates to our Terms by additional means, such as pop-up alerts or notifications within the Product(s) or by email.
2. USER AND ACCOUNT SUBSCRIPTIONS
2.1 BECOMING A USER
During your Product use, you may be asked to provide certain personalized information to us (such information is referred to hereinafter as “User Information”). This User Information may include health and wellness interests as well as information from your Facebook and similar social networking profiles. Our information collection and use policies with respect to the privacy of such User Information are set forth in the Tune Up Fitness Privacy Policies section 9 herein. You acknowledge and agree that you are solely responsible for the accuracy and content of User Information, and you agree to keep it up-to-date.
As a registered user, you acknowledge and accept that Tune Up Fitness is utilizing your User Information to generate a profile which may identify appropriate access levels to Product(s) that may correlate specifically to your User Information, health conditions, and other qualified information provided by you to Tune Up Fitness. As such, you accept the responsibility and agree to not allow another individual to utilize the Product(s) under your user profile, as their information may defer from that which you provide and warrant herein as accurate and up-to-date.
By registering to use a Tune Up Fitness Product you understand and acknowledge that depending on the membership types and/or user levels elected at time of registration, user access to certain sections, features, and functions on Products may differ. In these cases, users may have the option to upgrade or change membership types and/or levels should user wish to access additional sections, features, and functions.
By agreeing to become a user of Tune Up Fitness Products you acknowledge and agree to opt-in to receiving occasional special offers, marketing, surveys, and Product based communication emails. You can easily unsubscribe from Tune Up Fitness commercial emails by following the opt-out instruction in these emails. Tune Up Fitness memberships and subscriptions are not transferable and therefore cannot be sold or exchanged or transferred in any way whatsoever.
By placing an Order, you warrant that:
You are at least 18 years of age and legally capable of entering into binding contracts;
You understand and acknowledge the terms herein and those specific to your Order(s);
All registration information you submit is truthful and accurate;
You will maintain the accuracy of such information; and
Your use of the Product(s) does not violate any applicable law or regulation.
Paid Subscription. Following any free trial period, your account will be immediately converted to a monthly paid subscription, and the payment method on your account will be billed and you authorize us to do so. The subscription fee for this is a recurring charge; that means that your subscription will automatically renew for the subscription amount of the selected subscription type each period, and will be automatically charged to the payment method on your account (and you authorize us to do so) unless and until you terminate the auto-renewal 24 hours prior to the next renewal date. You can stop the automatic renewal of your subscription at any time by logging into your account and cancelling or placing your subscription on hold. All fees are prepaid and non-refundable. Tune Up Fitness does not give full or partial refunds for unused subscription periods. If we are unable to process the payment method on your account at a renewal period, your account may be immediately terminated. In order to purchase your subscription, (each such purchase, a “Transaction”), you may be asked to supply certain information relevant to your Transaction, including without limitation your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER METHOD OF PAYMENT ACCEPTED BY TUNE UP FITNESS UTILIZED IN CONNECTION WITH ANY TRANSACTION. You agree to pay all fees, payments and applicable taxes relating to the subscription incurred by you or anyone else using your account. By submitting such information, you grant Tune Up Fitness the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. An individual User may only register for and receive one free-trial period and may not register under different email accounts to access the Subscription Service for multiple free trial periods.
User acknowledges and understands that Tune Up Fitness may suspend or terminate use of Products as a result of any fraudulent actions by user, if we are unable to verify or authenticate any information you provide to us, or as a result of any breach of the terms and conditions herein and any other additional obligations set forth by Product specific terms and conditions. Such suspension or termination may go into effect immediately and without prior notification to you and you will lose access to your account for the duration of the suspension and/or the balance of any prepaid period without any refund.
The Tune Up Fitness email address is firstname.lastname@example.org. All correspondence to Tune Up Fitness including any queries you may have regarding your use of the Products or these Terms should be sent to this contact email address.
3. USE OF THE PRODUCTS
3.1 CONSULTING WITH YOUR PHYSICIAN
You acknowledge, understand, and agree to that use of Tune Up Fitness Products require that you consult with your physician(s) prior to use of Tune Up Fitness Products.
3.2 AGE REQUIREMENTS FOR USE
3.3 ACCURACY OF INFORMATION
You agree that you are solely responsible for the accuracy and content of User Information, and you agree to keep it up-to-date.
3.4 ETHICAL USE OF PRODUCTS
You agree not to impersonate any other person while using the Products, conduct yourself in an offensive manner while using the Products, or use the Products for any illegal, immoral or harmful purpose.
3.5 SYSTEMS PROTECTION AND SECURITY REQUIREMENTS
You agree not to upload, post, email or otherwise send or transmit or introduce any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with the Products or the Products themselves. You agree not to interfere with the servers or networks underlying or connected to the Products or to violate any of the procedures, policies or regulations of networks connected to the Products. You may not access the Products in an unauthorized manner.
3.6 BREACH OF TERMS AND CONDITIONS
By breaching the provisions of this section 3, you may commit a criminal offense under applicable laws. We may report any such breach to the relevant law enforcement authorities and we may cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Products will cease immediately.
4. SUBSCRIPTION PRODUCT MATERIALS AND OWNERSHIP
4.1 PROHIBITED USE
You agree that you will not conduct the following, or will not assist or permit any third party to:
Copy, store, reproduce, transmit, modify, alter, reverse-engineer, emulate, de-compile, or disassemble the Products in any way, or create derivative works of the Products;
Use the Products or any part of them to create any tool or software product that can be used to create software applications of any nature whatsoever;
Rent, lease, loan, make available to the public, sell or distribute the Products in whole or in part;
Tamper with the Products or circumvent any technology used by Tune Up Fitness or its licensors to protect any content accessible through the Products;
Circumvent any territorial restrictions applied to the Products; or
Use the Products in a way that violates this License Agreement or the other Terms.
4.2 PROPRIETARY RIGHTS
You may not make the Products available to the public. The Products made available (in whole or in part) are owned by Tune Up Fitness or its licensors and your use of them must be in accordance with these Terms.
You agree to adhere to applicable copyright laws and Tune Up Fitness copyright terms, including but not limited to:
All materials (including software and content whether downloaded or not) contained in the Products are owned by Tune Up Fitness (or our affiliates and/or third-party licensors, where applicable), unless indicated otherwise. You agree and acknowledge that the materials are valuable property and that other than any specific and limited license for use of such materials, you shall not acquire any ownership rights in or to such materials. The materials may not be used except as provided for in these Terms, and any other relevant terms and conditions provided to you without our prior written permission.
You acknowledge and agree that certain materials on or in the Products may be the property of third party licensors and, without prejudice to any and all other rights and remedies available, each such licensor has the right to directly enforce penalties against you for non-compliance of applicable laws and terms herein.
Audio or video content from Tune Up Fitness not explicitly indicated as downloadable may not be downloaded or copied from the Products or any Device.
The Products are not intended for your commercial use. Commercial advertisements, affiliate links, and other forms of solicitation may be removed by us without notice and may result in termination of privileges. You must not use any part of the materials used in or on the Products for commercial purposes without obtaining a written license to do so from Tune Up Fitness. Material from the Products may not be copied or distributed, or republished, or transmitted in any way, without our prior written consent. Any unauthorized use or violation of these Terms immediately and automatically terminates your right to use the Products and may subject you to legal liability. You agree not to use the Products for illegal purposes (including, without limitation, unlawful, harassing, libelous, invasion of another’s privacy, abusive, threatening, or obscene purposes) and you agree that you will comply with all laws, rules and regulations related to your use of the Products. Appropriate legal action may be taken for any illegal or unauthorized use of the Products.
A limited amount of content may be marked and authorized for the user to share in their personal social channels (Facebook, Twitter, etc.). With respect to content made available by Tune Up Fitness through the Products that is specifically identified as available for distribution by you (“Distribution Content”) as part of your blog or other online commentary, analysis or review (“User Commentary”), Tune Up Fitness grants you a limited right to download, reproduce and distribute Distribution Content over the internet as part of your User Commentary. You may also modify such Distribution Content but only as required to technically enable the display and distribution of such content through your computer systems and over the Internet (e.g. a change in video format or file size) provided such modification does not materially alter the substance or quality of such content. Your display and distribution of Distribution Content may also be subject to other terms and conditions that are set forth in the description of such content in the Products, such as display and distribution of Distribution Content only within specified usage dates. You agree not to publish the Distribution Content with other content that is known by you to be false, inaccurate, or misleading or that is, or that encourages activity or conduct that is, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable. Distribution Content may contain trackers that enable us to collect information with respect to the distribution and consumption of such content.
You may not otherwise download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials in the Products. If you make other use of the Products, or the content, code, data or materials thereon, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. Tune Up Fitness will enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
Tune Up Fitness respects the intellectual property rights of others. If you are a copyright owner, or authorized to act on behalf of one and believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim to email@example.com with the subject line “Copyright Infringement” and include in your claim a detailed description of the alleged infringement details under the Digital Millennium Copyright Act (DMCA). You may be held accountable for damages, including, but not limited to costs and attorney fees associated to misrepresentations of bad-faith infringement claims.
You agree to adhere to applicable trademark laws and state trademark terms, including but not limited to:
Tune Up Fitness, the Tune Up Fitness logo and all other Tune Up Fitness product or service marks are trademarks of Tune Up Fitness.
All intellectual property, other trademarks, logos, images, product and company names displayed or referred to on or in the Products are the property of their respective owners.
Nothing grants you any license or right to use, alter or remove or copy such material.
Your misuse of the trademarks displayed on the Products is strictly prohibited.
Tune Up Fitness will enforce its trademark rights to the fullest extent of the law, including the seeking of criminal prosecution.
4.5 RECORDED SESSIONS – USER PARTICIPATION
Tune Up Fitness may record online sessions, including but not limited to “mentor sessions, course sessions, program introductions, etc.” where all participants are recorded either via audio, video or both. These recorded sessions are the property, in perpetuity, of Tune Up Fitness and may be used for promotional or commercial purposes. By participating in an online session, you agree to allow Tune Up Fitness to record your likeness and utilize the recording in full or in part for further distribution or sale by Tune Up Fitness. If you do not want to be recorded, then you should not participate in any recorded session. Participation in any online session where a participant accesses the session via Zoom will be recorded. As such, you acknowledge that Tune Up Fitness may indirectly or directly commercially benefit from use of your participation and agree to such terms.
5. PRODUCTS DISCLAIMER
The information contained in the Products, including Recorded Session, is for general information purposes only. Tune Up Fitness makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Products and Recorded Sessions or the information contained within the Products or Recorded Sessions for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
6. MEDICAL DISCLAIMER
Tune Up Fitness is a provider of online and mobile exercise and breathing content. We are not a health care or medical device provider, nor should our Products be considered medical advice or a substitute thereof. All content found on Tune Up Fitness Products or website, including, but not limited to: text, images, audio, or other formats were created for informational purposes only. Product content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Only your physician(s) or other health care provider can provide medical advice. Never disregard professional medical advice or delay in seeking it because of something you have read on Tune Up Fitness Products or website. If you think you may have a medical emergency call 911 immediately. As with any type of exercise, if at any point during the exercises you feel faint, dizzy or have discomfort, you should stop immediately. Never look at your phone, or perform these exercises while driving, operating machinery or equipment or while in water of any kind.
Any advice or other materials in the Products are intended for general information purposes only. They are not intended to be relied upon and are not a substitute for professional medical advice based on your individual condition and circumstances. The advice and other materials we make available are intended to support the relationship between you and your healthcare providers and will not replace it. Tune Up Fitness is not liable or responsible for any consequences resulting from you having read or been told about such advice or other materials and you understand and acknowledge that you will assume full responsibility for your decisions and actions. To the fullest extent permitted by law, we make no representation or warranties about the accuracy, completeness, or suitability for any purpose of the advice, other materials and information published as part of the Products. Any health information and links on Tune Up Fitness Products, whether provided by Tune Up Fitness or by contract from third party providers, is provided simply for your convenience. Application or reliance on any techniques, advice, ideas, suggestions or information provided to you by Tune Up Fitness is done solely at your own risk and not at the direction of Tune Up Fitness. Tune Up Fitness makes no claims, representations or guarantees about Product benefits.
You understand that the exercises and programs discussed and used on tuneupfitness.com can be strenuous and should be scaled or done in moderation. There is an inherent risk in any exercise that, while providing some health benefits, it can also cause unknown health issues. By using the website and Products, you acknowledge and agree that you are voluntarily choosing to perform the exercises and expressly agree to accept and assume all risk of loss, injury, death or damages that may occur as a result of performing the exercises.
7. ACCESS AND AVAILABILITY
7.1 PRODUCT ERRORS
Tune Up Fitness will aim to achieve user satisfaction and provide quality service, but cannot make guarantees or promises that Products will meet your requirements or that they will be free from fault or errors. If a fault or error occurs in the Products, please report to firstname.lastname@example.org for assistance. The resolution process may require suspension of Product access while we conduct a root cause analysis and/or repairs.
7.2 UPDATES & MAINTENANCE
Your Product access may occasionally be restricted for repairs, updates, maintenance, or the introduction of new functions or capabilities. Tune Up Fitness will restore the Product(s) as soon as possible to limit the disruption to users. In these cases, Tune Up Fitness cancellation policies still apply.
8. CONTACT US
8.1 CONTACT INFORMATION