POUND ROCKOUT WORKOUT, LLC
Last Modified: September 10, 2013
In certain instances, users of the Service have the option of registering an account with us and becoming a “Member” or paying for certain offerings such as Premium Access (defined hereafter), or merely using the Service as a visitor without registering personal information with us. You should note however, that many of the features of the Service may require users to become Members. In other instances, Users of the Service can simply visit without registering personal information with us, or may provide an email address or other information to us for notifications and email communications.
Accessing the Service and Account Security
To use the Service, you represent and warrant that you are of legal age to form a binding contract with the Company and 13 years of age or older.
Access to the Service is permitted on a temporary basis, and we reserve the right to withdraw or amend any service we provide on the Service in our sole discretion without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, or the entire Service, to users, including subscribers.
You are responsible for making all arrangements necessary for you to have access to the Service.
To access the Service or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Service that all the information you provide on the Service is correct, current and complete.
If you choose, or you are provided with, a user name, password or any other piece of information as part of our security procedures or in connection with the purchase of access to subscriber, member or Premium Access sections of the Service, you must treat such information as confidential, and you must not disclose it to any third party. You agree to immediately notify Company of any unauthorized use of your user name or password or any other breach of security, and ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Intellectual Property Rights
The entire contents of the Service (including all information, software, text, displays, images, video and audio) and the design, selection and arrangement thereof, are owned by the Company or its licensors and are protected by United States and international laws regarding copyrights, trademarks, trade secrets and other intellectual property or proprietary rights.
You are permitted to use the Service for your personal, non-commercial use only or legitimate business purposes related to your role as a current or prospective customer, supplier, distributor or instructor of the Company. You must not copy, modify, create derivative works of, publicly display or perform, republish, download or store, or transmit any of the material on the Service without the prior written consent of the Company, except to:
• Store copies of such materials temporarily in RAM.
• Store files that are automatically cached by your Web browser for display enhancement purposes.
• Print a reasonable number of pages of the Service for a permitted use.
You must not:
• Modify the paper or digital copies of any materials from this site.
• Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark and other proprietary notices appearing on such materials.
You must not reproduce, sell or exploit for any commercial purposes any part of the Service, access to the Service or use of the Service or any offerings or materials available through the Service without obtaining a license to do so from the Company or its applicable licensor. If you wish to make any use of material on the Website other than that set out above, please address your request to: firstname.lastname@example.org.
The Company name, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, brands and marks are used for identification purposes only and are the trademarks of their respective owners.
• In any way that violates any applicable federal, state, local and international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
• To impersonate or attempt to impersonate the Company or a Company employee, another user, or person or entity (including, without limitation, the use of e-mail addresses associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm the Company or users of the Service or expose them to liability.
Additionally, you agree not to:
• Use the Service in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Service, including their ability to engage in real time activities through the Service.
• Use any robot, spider or other automatic device, process or means to access the Service.
• Use any manual process to monitor or copy any of the material on the Service or for any other unauthorized purpose without our prior written consent.
• Use any device, software or routine that interferes with the proper working of the Service.
• Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer or database connected to the Service.
• Attack the Service via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Service.
Premium Access: The Label and the Backstage Pass
The Service may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow you to post, submit, publish, display or transmit to other users (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Service.
All User Contributions must comply with the Content Standards set out in these Terms.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose.
You represent and warrant that you own or control all rights in and to the User Contributions and have the right to grant the Company and its affiliates the license granted above.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.
Any content and/or opinions uploaded, expressed or submitted to the Service, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity submitting them and do not necessarily reflect the opinion of the Company. We are not responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Service.
Monitoring and Enforcement; Termination
We have the right to:
• Remove or refuse to post any User Contributions for any reason in our sole discretion.
• Disclose your identity to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Service.
Without limiting the foregoing, you agree that in the event we receive a subpoena issued by a court or from a law enforcement or government agency, we shall comply with such subpoenas without your consent or prior notice to you and may disclose your IP address, username, name, IP location or other information in response thereto. YOU WAIVE AND HOLD HARMLESS THE COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT OR GOVERNMENT AUTHORITIES.
However, we can neither review all material before it is posted to the Service nor ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third parties. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.
These content standards apply to any and all User Contributions and Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
• Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Infringe any patent, trademark, trade secret, copyright or other intellectual property rights of any other person.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote or assist any unlawful act.
• Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
• Be used to impersonate any person, or to misrepresent your identity or affiliation with any person or organization.
• Involve commercial activities and/or sales without our prior written consent, such as contests, sweepstakes and other sales promotions, barter, advertising or pyramid schemes.
• Give the impression that they emanate from us, if this is not the case.
Reliance on Information Posted
The information presented on or through the Service is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website or user of the Service, or by anyone who may be informed of any of its contents.
Changes to the Service
We may update the Service from time to time, but its content is not necessarily complete or up-to-date. We may change the Service at any time with or without notice. We may suspend access to the Service, or close it indefinitely. Any of the material on the Service may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Website and/or Service
Linking to the Website and Powered Sites
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
The Website and Powered Sites must not be framed on any other site, nor may you create a link to any part of the Website or a Powered Site other than the homepage.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
Links from the Website
If the Service contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links from advertisers, including banner advertisements. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Service, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The owner of the Service is based in the state of California in the United States. We provide this Service for use only by persons located in the United States. We make no claims that the Service or any of its content is accessible or appropriate outside of the United States. Access to the Service may not be legal by certain persons or in certain countries. If you access the Service from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Product Return Policy
(applicable to you only if you have had goods shipped to you by Pound)
To return a Product that has been shipped to you by Pound (a “Product”) you must obtain a Return Authorization Code (“Return Authorization Code”) within thirty (30) days of your purchase by contacting customer care through our cancellation form, or via email at email@example.com. The Product you wish to return must be received by us no later than thirty (30) days after you have received the Return Authorization Code.
- You will be responsible for all packaging, shipping and handling costs associated with the return of the Product(s).
- The original shipping charges paid by you are non-refundable.
- The condition and packaging of a returned Product must be as it was when received, complete with all warranty cards (if any), original box(es), original packaging, and manuals/instructions (if any).
- If you refuse the delivery of a Product, you will be charged for return shipping.
- Opening a box to verify its contents does not disallow a return, however, Products showing signs of use or missing inner packaging are not considered new, and are thus non-returnable.
Legal Policies Relating to Use of the Service
1. Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Service will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES, PREMIUM SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE SERVICE, ITS CONTENT AND ANY OFFERINGS, PREMIUM ACCESS OR ITEMS OBTAINED THROUGH THE SERVICE IS AT YOUR OWN RISK. THE SERVICE, ITS CONTENT AND ANY OFFERINGS, PREMIUM ACCESS OR ITEMS OBTAINED THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICE, ITS CONTENT OR ANY OFFERIGNS OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
2. Limitation on Liability
IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY, ITS AFFILIATES AND ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICE OR SUCH OTHER WEBSITES OR ANY OFFERINGS, PREMIUM ACCESS OR ITEMS OBTAINED THROUGH THE SERVICE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Legal Policies Relating to Your Participation in Workouts and Routines Featured on the Service
You acknowledge and understand that your participation in any workouts, classes or routines featured on the Service (“Workouts”) requires strenuous exercise, various degrees of skill and experience that involve the risk of injury. As such, you understand and agree that Pound, its employees, affiliates, or partners, shall not be liable for any injury, including without limitation, personal, bodily, or mental injury, death, disability, economic loss, property damage, or any other damage suffered by me in connection with my participation in the Training, whether resulting from the acts, negligent or otherwise, of Pound, its employees, officers, members, managers, instructors, contractors, agents or affiliates or anyone else’s participation in the Training.
You hereby agree to release and forever discharge Pound, its members and their employees, officers, members, managers, instructors, contractors, agents and affiliates (collectively, all such parties including Pound are referred to herein as the “Released Parties”) from any and all claims, actions, damages, liability, costs, expenses, and attorneys’ fees which are related to, arise out of, or are in any way connected to your participation in Workouts, whether or not such claims, actions, damages, liability, costs, expenses, and attorney fees are caused by the acts or omissions, negligent or otherwise, of Pound or any of the Released Parties or anyone else’s participation in the Workouts. By your continued use of the Service and participation in the Workouts featured on the Service, it is your intention to surrender and waive any rights to exercise any legal action or seek any damages against Pound and all Released Parties.
You hereby agree that if there is any claim by anyone based on any injury, death, disability, loss or damage described herein, which involves you or your acts or omissions, that you will defend, hold harmless, and indemnify Pound and each Released Party against any and all claims, actions, damages, liability, costs or expenses, and attorney fees to you or anyone else arising in connection with or out of your participation in the Workouts.
Governing Law and Jurisdiction
Limitation on Time to File Claims
Waiver and Severability
Your Comments and Concerns
This Website and the Service is operated by Pound Rockout Workout, LLC, a California limited liability company located at 3250 Ocean Park Blvd, Suite 380, Santa Monica, CA 90405.
All other feedback, comments, requests for technical support and other communications relating to the Service should be directed to: firstname.lastname@example.org.
Thank you for using the Service.