Terms Of Use

TERMS OF USE

POUND ROCKOUT WORKOUT, LLC

Last Modified: August 31, 2020

Acceptance Of The Terms Of Use

These Terms of Use (together with any documents referred to in them) set forth the terms and conditions of your use of the Service (defined below), including any content, functionality and offerings made available through the Service of Pound Rockout Workout, LLC, a California limited liability company (“Pound”, “us” or “we”) that apply to you, the user (“User” or “you”), and your use of www.poundfit.com or other Pound operated sites that refer to these Terms of Use (collectively, the “Website”) delivered via websites powered by Pound (“Powered Sites”), delivered via Pound downloadable user applications (“Software“), or otherwise delivered to mobile devices and computers through Pound platform technology, including Smart TVs and Set Top Boxes (the “Platform”). Collectively, all Websites, Powered Sites, Software, Platform and other services, features, software, email notices and communications and intellectual property provided, used and made available in connection with each of the foregoing is collectively referred to herein as, the “Service”.

Please read the Terms of Use carefully before you start to use the Service. By using the Service or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to abide by these Terms of Use, our Privacy Policy, found at www.poundfit.com/privacy-policy, our Copyright Policy, found at www.poundfit.com/copyright-policy and the Instructor Terms and Conditions (if applicable to you) incorporated here by reference. If you do not want to agree to these Terms of Use, the Privacy Policy, the Copyright Policy or the Instructor Terms and Conditions (if applicable to you), you must exit the Website and immediately stop using the Service.  The Instructor Terms and Conditions are only applicable to you if you are attending a Pound training to obtain certification to become a Pound Pro (certified instructor).  If you are an instructor, these Terms of Use apply to you throughout the sign-up process and beyond as to your use of the Service. Notwithstanding the foregoing, any conflict between the Terms of Use and Instructor Agreement shall be resolved in favor of the Instructor Agreement

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.

Changes To The Terms Of Use

We may revise and update these Terms of Use from time to time in our sole discretion. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. All material changes will apply prospectively only. Your continued use of the Service following the posting of revised Terms of Use on the Website means that you accept and agree to the changes.

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 18 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.

You are responsible for ensuring that all persons who access the Service through your internet connection or device are aware of these Terms of Use, and that they comply with them.

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.

We have the right to disable any user identification code or password, whether chosen by you or provided by us, at any time, for any reason, including, if in our opinion, you have failed to comply with any provision of these Terms of Use.

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. POUND retains the right to add, remove or revise the contents of the Service, in whole or in part, including content accessible through Premium Access as defined below.

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: [email protected].

If you print, copy, modify, download or otherwise use any part of the Service in breach of the Terms of Use, your right to use the Service will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Service or any content on the site are transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Service not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws and may result in the immediate termination of your access to the Service in the Company’s sole discretion (and if you are an instructor, termination of your status as an instructor).

Company Trademarks
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.

Prohibited Uses

You may use the Service only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Service:

•  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

If you purchase access to either the Pound Pro Network (the Label), the Backstage Pass or other programs made available through the Service that we offer for a fee, either on a one-time or subscription basis (collectively, “Premium Access”), you agree to Pound (or its payment processing vendor) storing your payment card or account information. You also agree to pay the applicable fees for the Premium Access (including, without limitation, periodic fees for premium accounts) as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts. You also agree to update or provide us with your then payment card or account information to comply with your subscription terms and to Pound charging your payment card or account on a periodic basis in accordance with your subscription terms. Payments will be charged on the day your Premium Access goes into effect and will cover the use of that service for the period indicated. Thereafter, you agree that periodic payments, either monthly or annually, will continue to be charged to your credit card on a recurring basis until you cancel your service. The amount of the periodic recurring charge will be the then current subscription fee applicable to the Premium Access you selected. You acknowledge that the amount of the recurring charge may increase if the applicable subscription fee increases. Premium Access must be cancelled prior to your periodic renewal in order to avoid billing of the next period’s Premium Access fee.  You may cancel your Premium Access by logging into The Label and visiting My Account. Select Manage Subscription to adjust or cancel your subscription. All fees and charges are nonrefundable and there are no refunds or credits for partially used periods. All Premium Access features, including purchased e-courses, workshops and other content, expire immediately upon cancellation or termination of your Premium Access account. If your payment method fails or your account is past due, we reserve the right to either suspend or terminate your Premium Access. Any such suspension or termination will result in the cancellation of any promotional programs applicable to your Premium Access.  You agree to submit any disputes regarding any charge to your account in writing to us within sixty (60) days of such charge, otherwise such dispute will be waived and such charge will be final and not subject to challenge. You also acknowledge that our Premium Access is subject to this Agreement and any expressly indicated terms related to the provision of the Premium Access, if any.

Premium Access: POUND for Schools

If you purchase access to the Pound for Educators Network (“Educator’s Access”), you agree that access is limited to the term for which you or your school district has purchased and that access will be terminated at the expiration of the term unless the district purchases an additional or extended term. All fees and charges are nonrefundable and there are no refunds or credits for partially used periods. All Educator’s Access features, including purchased e-courses, workshops and other content, expire immediately upon cancellation or termination of your Educator’s Access account. If your payment becomes past due, we reserve the right to either suspend or terminate your Educator’s Access. Any such suspension or termination will result in the cancellation of any promotional programs applicable to your Educator’s Access.  You agree to submit any disputes regarding any charge to your account in writing to us within sixty (60) days of such charge, otherwise such dispute will be waived and such charge will be final and not subject to challenge. You also acknowledge that our Educator’s Access is subject to this Agreement and any expressly indicated terms related to the provision of the Educator’s Access, if any.

User Contributions

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 represent and warrant that all of your User Contributions do and will comply with these Terms of Use, and you agree to defend, indemnify and hold harmless the Company and its affiliates and licensors for any breach of that representation and warranty.

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.

  •    Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right, threatens the personal safety of users of the Service and the public or could create liability for the Company.

  •    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.

  •    Terminate your access to all or part of the Service for any or no reason, including without limitation, any violation of these Terms of Use.

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.

Content Standards

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.

  •    Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy (available at www.poundfit.com/privacy-policy), Copyright Policy (available at www.poundfit.com/copyright-policy) or Instructor Terms and Conditions (if applicable to you).

  •    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

We collect and use information about you in accordance with our Privacy Policy available at www.poundfit.com/privacy-policy, notwithstanding certain exceptions stated in the Instructor Terms and Conditions (if applicable to you).  By using the Service, you consent to such collection and use and you represent and warrant that all data provided by you is accurate.

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.

The website from which you are linking must comply in all respects with the Content Standards set out in these Terms of Use.

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.

Geographic Restrictions

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 protected].  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.

Please Note:

• 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.

3.  Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates and licensors and their respective officers, managers, members, directors, employees, contractors, agents, licensors, suppliers and any affiliate of the foregoing from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of these Terms of Use or your use of the Service, including, without limitation, any use of the Service’s content, offerings, Premium Access and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Service.

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

These Terms of Use and any dispute or claim arising out of, or related to, them, their subject matter or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Service shall be instituted exclusively in the federal courts of the United States or the courts of the State of California (in each case located in the County of Los Angeles, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country). You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation On Time To File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver And Severability

No waiver of these Terms of Use by the Company shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use, Copyright Policy, Privacy Policy and Instructor Terms and Conditions (if applicable) constitute the sole and entire agreement between you and the Company with respect to the Service and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Service.  Notwithstanding the foregoing, if you are an instructor, any conflict between these Terms of Use and the Instructor Terms and Conditions shall be resolved in favor of the Instructor Terms and Conditions.

Your Comments And Concerns

This Website and the Service is operated by Pound Rockout Workout, LLC, a California limited liability company in Los Angeles, California.

All feedback, comments, requests for technical support and other communications relating to the Service should be directed to: [email protected].