Summary of this Contract
To use the products or services offered by Passion for Fitness , including our parents, subsidiaries, affiliates, agents, representatives, consultants, employees, officers, and directors (collectively, “Passion for Fitness ”, “we”, or “us”), you agree to these legally binding contract (the “Terms”). You also agree to our Privacy Policy and any other rules listed in our products or services.
We may change these Terms occasionally. If we do, we’ll let you know about any major changes, either by notifying you on our website or by sending you an email. You should also periodically review these Terms to make sure you’re up-to-date on them. If you keep using Passion for Fitness after a change, then you’re telling us that you accept the new terms.
If you do not agree to any part of these Terms or the Privacy Policy, then you may not use the Service.
These Terms have a section called “Dispute Resolution” on how we’ll settle any disputes with you, including an arbitration clause and class action waiver. By accepting these terms, you agree to those clauses. Please read them carefully.
2. What is Passion for Fitness ?
Passion for Fitness uses hardware and software to convert live activities (“Activities”) from studios, coaches, or other locations or organizations (“Providers”) into electronic or digital format (“Data Streams”). Then we save, modify, live stream, store, and replay the Data Streams (“Publish”) for our Members (“Members”) and other viewers or users (all
3. Eligibility and Responsibility for Creating an Account
To sign up for an account with Passion for Fitness , you need to be 18 or older. You’re responsible for your account and all the activity on it. Any information you give to us must be accurate. Don’t impersonate anyone else or choose names that are offensive or that violate anyone’s rights. If you don’t follow these rules, we may cancel your account.
You’re responsible for all the activity on your account, and for keeping your password confidential. You cannot allow others to use your account. If someone accesses your account because you did not protect your password or account sufficiently, you’re responsible for their actions. If you find out that someone has used your account without your permission, you should change your password and immediately report it to us.
4. Application License
Subject to your compliance with these Terms, Passion for Fitness grants you a limited, non-exclusive, non-transferable, revocable license to use our Service solely for your own personal use.
5. Things You Won’t Do
You may not do any of these things. If you do, we’ll probably terminate your account. You may also be subject to further legal action by us or others and have to pay financial consequences or worse.
•Don’t break the law. Don’t take any action related to the Service that infringes or violates other people’s rights, violates the law, or breaches any contract or legal duty you have.
•Don’t lie to people. Don’t post information you know is false, misleading, or inaccurate. Don’t do anything deceptive or fraudulent.
•Don’t harm anyone. Don’t do anything threatening, abusive, harassing, defamatory, libelous, tortious, obscene, profane, or invasive of another person’s privacy.
•Don’t spam. Don’t distribute unsolicited or unauthorized advertising or promotional material, or any junk mail, spam, or chain letters. Don’t run mail lists, listservs, or any kind of auto-responder or spam.
•Don’t harm anyone’s computer. Don’t distribute software viruses, or anything else (code, films, programs) designed to interfere with the proper function of any software, hardware, or equipment in the Service.
•Don’t abuse other users’ personal information for any purpose unrelated to Passion for Fitness or any purpose that is not in the spirit of our Service.
•Don’t do anything to harm our service.
•Don’t use or access the Service in any way that could damage, disable, overburden, impair, or otherwise interfere with Passion for Fitness ’s ability to provide the Service.
•Don’t try to interfere with the proper workings of the Service.
•Don’t bypass any measures we’ve put in place to secure the Service.
•Don’t try to damage or get unauthorized access to any system, data, password, or other information, whether it belongs to Passion for Fitness or another party.
•Don’t take any action that imposes an unreasonable load on our infrastructure, or on our third-party providers. (We reserve the right to determine what’s reasonable.)
•Don’t use any kind of software or device (whether it’s manual or automated) to “crawl” or “spider” any part of the Site.
•Don’t disassemble, decompile, or otherwise reverse engineer the Service or attempt to derive any of its Hardware or source code.
•Don’t sublicense, sell, rent, lease, transfer, assign, or distribute the Service.
•Don’t violate or infringe any third party’s rights.
•Don’t upload, post, or transmit content that contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group.
6. Business Terms
Passion for Fitness may charge fees to access our Service. We may charge your credit card automatically when your payment is due.
We may, in our sole discretion, round up or round down amounts that are payable from or to Providers or Users to the nearest whole cent or dollar amount.
We will provide membership subscription information on the Passion for Fitness website however prices and services are subject to change.
7. Other Websites
When you access third-party websites, you do so at your own risk. We don’t control or endorse those sites.
8. Intellectual Property
We may allow you to post text, images, videos, and other material on Passion for Fitness, our Sites, and our other media outlets (“Material”). We don’t own that content. By posting it, you grant to us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, transferable right to use, view, exercise, commercialize, distribute, broadcast, transmit, stream, and otherwise exploit the Material. You grant to us any related copyright, publicity, trademark, and database rights. You grant to us the right to edit, modify, reformat, excerpt, delete, and translate any of your Material.
You represent and warrant that your Material doesn’t contain third-party copyrighted material or material that is subject to other third-party proprietary rights, unless you have permission from the owner of the material, or you are otherwise legally entitled to post the material.
You are responsible for any royalties or licensing on your Material. You will pay all royalties and other amounts owed to any person or entity based on your Material.
If we or our users exploit or use your submission related to the Service, you represent and warrant that it will not infringe or violate the rights of any third party, including any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
We have no obligation to screen or monitor any Data Streams. It is your responsibility to determine which if any Data Streams are appropriate, safe, suitable, and right for you.
9. Passion for Fitness’s and PassionCycles Intellectual Property
The Service and Data Streams are legally protected in various ways, including copyrights, trademarks, service marks, patents, trade secrets, and other rights and laws. You agree to respect all copyright and other legal notices, information, and restrictions contained in any content accessed through the Sites. You also agree not to change, translate, or otherwise create derivative works of the Service. You may not resell any part of the Service without Passion for Fitness’s permission.
10. How We Handle Copyright Issues
The Digital Millennium Copyright Act lays out a system of legal requirements for dealing with allegations of copyright infringement. Passion for Fitness complies with the DMCA, and we respond to notices of alleged infringement if they comply with the law. We reserve the right to delete or disable content alleged to be infringing and to terminate accounts for repeat infringers.
Our designated agent for notice of alleged copyright infringement is:
Passion for Fitness, Ilc
Attn: Copyright Agent
139 Nutt rd
Phoenixville pa 19460
11. Deleting Your Account
You can terminate and delete your account at any time, but we do not give refunds. If you do terminate or delete your account, we may not reinstate your access to the Service.
To delete your account, please email info@passion-for-fitness.com
12. Our Rights
To operate, we need to be able to maintain control over what happens on our website. We can change the Service and Sites without notice or liability. We can decide who is eligible to use the Service and Sites. We can cancel accounts or decline to offer our Service for any reason. We’re not liable for any damages as a result of any of these actions.
13. Warranty Disclaimer
YOU USE OUR SERVICE AND THE SITES AT YOUR OWN RISK. THE SERVICE AND SITES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. PASSION FOR FITNESS AND OUR PROVIDERS DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM PASSION FOR FITNESS SHALL CREATE ANY WARRANTY. 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 THIRTY (30) DAYS AFTER THE DATE ON WHICH YOU FIRST USED THE SERVICE, AND NO WARRANTIES SHALL APPLY AFTER SUCH PERIOD.
14. Indemnification
If you do something related to the Service or Sites that get us or our Providers sued, or break any of the promises you make in this Agreement, you agree to defend, indemnify, and hold us, our Providers, and Users harmless from all liabilities, claims, and expenses (including reasonable attorneys’ fees and other legal costs) that arise from or relate to your use or misuse. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to this indemnification clause, in which case you agree that you’ll cooperate and help us in asserting any defenses.
15. Image Waiver
You grant permission to Passion for Fitness and our Providers, agents, volunteers, and employees, to record, videotape, and photograph you when you are participating in live Activities or posting content in the Service or Sites. You agree that there will be no residual or any other kind of payment, royalty, or fee due to you in connection with those recordings. Passion for Fitness owns all copyright and other rights in those recordings and can use them forever in any manner to provide or promote the Service and can license others to use those recordings for similar purposes. Passion for Fitness may also use your name, image, voice, likeness, and any related or derivative versions of this content that you provide to us or from your participation in the Service or from your participation in the Activities (including translation, foreign rights, serialization, syndication, photocopying, abridgment, adaptation, reprint, dramatization, and electronic recording and reproduction of any sort). You release Passion for Fitness and our Providers from any claims and liability arising from or related to the use of the recordings, including but not limited to libel, false light, invasion of privacy, rights of publicity, any misuse, distortion, blurring, alteration, of the recordings.
16. Health and Exercise Waiver
You are responsible for ensuring that you’re capable of safely using Passion for Fitness and participating in activities on Passion for Fitness. You should consult a medical professional and have a full physical before using Passion for Fitness. You should especially consult a medical professional if you or a member of your family has a history of illness or injuries. If you have any reason to be concerned about whether you can safely participate in activities on Passion for Fitness, whether based on how you feel, medication you’re taking, past injuries or health issues, or family health issues, then Passion for Fitness prohibits you from using the Service. Even if you are careful and healthy, you still may have a serious risk of illness or injury. If you start feeling sick, dizzy, lightheaded, or nauseated while using Passion for Fitness, stop immediately. Participating in fitness activities comes with inherent risks. You assume all risk of injury and any health-related issue.
You waive all claims, foreseen or unforeseen, anticipated or unanticipated, related to your use of Passion for Fitness and the Service, against Passion for Fitness and our Providers and Users.
In case of injury, you authorize Passion for Fitness and Partners to contact emergency services to assist you. However, none of those people or entities have a duty to take any action. You waive any claim against them related to contacting emergency services. You’re responsible for paying any costs associated with any treatment you receive.
17. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL PASSION FOR FITNESS AND OUR PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DAMAGES (I) RESULTING FROM YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICE; (II) FOR ANY INJURY OR HEALTH RELATED ISSUE YOU HAVE; OR (III) FOR ANY CONDUCT OF CONTENT OF ANY THIRD PARTY ON THE SITE. IN NO EVENT SHALL PASSION FOR FITNESS ’S AND OUR PROVIDERS’ LIABILITY FOR DIRECT DAMAGES BE IN EXCESS OF, IN THE AGGREGATE, ONE HUNDRED U.S. DOLLARS ($100.00).
18. Dispute Resolution
18.1 Arbitration agreement. You and Passion for Fitness agree that any dispute, claim, or controversy arising out of or relating to these Terms or their breach, termination, enforcement, interpretation, or validity, or to the use of the Service (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and Passion for Fitness are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding. Further, unless both you and Passion for Fitness otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
18.2 Arbitration Rules and Governing Law. These Terms are governed by the laws of the State of New York and the United States, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods. This agreement to arbitrate evidence a transaction in interstate commerce, therefore the Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1–800–778–7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
18.3 Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration.) The arbitrator will be either a retired judge or an attorney licensed to practice law in PA State and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within 7 days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
18.4 Arbitration Location and Procedure. Unless you and Passion for Fitness otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Passion for Fitness submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
18.5 Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with jurisdiction. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of reasonable attorneys’ fees and expenses, to the extent provided under applicable law. Passion for Fitness will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.
18.6 Fees. Your responsibility to pay any AAA filing, administrative, and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Passion for Fitness will pay all fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
18.7 Changes. If Passion for Fitness changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Passion for Fitness ‘s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Passion for Fitness in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
19. General
19.1 Notices. Any notices or other communications permitted or required under these Terms, including for major changes to these Terms, will be either by email or posted on one of the Sites. The date of receipt will be deemed the date on which such notice is transmitted.
19.2 No Waiver. The failure of Passion for Fitness to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
19.3 Third-Party Beneficiary. These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
19.4 Assignment. Passion for Fitness can assign, transfer, or delegate any of its rights and obligations under these Terms without your consent. You may not assign, transfer, or delegate these Terms, by operation of law or otherwise, without Passion for Fitness ’s prior written consent. Any attempt by you to do so will have no effect.
19.5 Survival. If you or we terminate this Agreement, the clauses of these Terms that reasonably should survive termination of the Agreement will remain in effect.
19.6 Severability. If any provision of these Terms is found to be invalid under the law, that provision will be limited or eliminated to the minimum extent necessary so that the Terms otherwise will remain in full force and effect and enforceable.
19.7 Entire Agreement. We have various other agreements, policies, rules, and guidelines related to using our Service (“Supplemental Terms”). You must follow those Supplemental Terms when using our Service. These Terms still control if there is ever a conflict between these Terms and any Supplemental Terms. These Terms and the Supplemental Terms are the entire and exclusive agreement between you and Passion for Fitness regarding the Service.