POUND ROCKOUT WORKOUT, LLC
BACKSTAGE TERMS & Conditions OF USE
Effective: March 20, 2020
POUND Rockout Workout, LLC (“POUND”) offers subscribers to access content, features and functions of the Backstage website, mobile and set-top-box applications that are not available to the general public (collectively “BACKSTAGE“) through the sale of subscriptions (“Subscription(s)“). If you purchase a Subscription, you will have access to content available only to Subscribers. Subscriptions are valid only through the Website and not valid at any physical studio.
Please read this Agreement carefully before purchasing a Subscription. When you purchase a Subscription, or use or access the Backstage, you agree to be bound by this Agreement, which establishes the entire agreement between you and Pound for access to Backstage. If you do not agree to this Agreement, please do not use Backstage. POUND reserves the right to change or update this Agreement, or the products and services available through Backstage, at any time. Changes are effective when they are posted to www.poundfit.com. If you continue to use Backstage after changes are made, you agree to the changes to this Agreement as applicable. If you have any questions about Backstage, your Subscription or this Agreement, please contact us via our email address [email protected].
You must be 18 years or older to purchase a Subscription. If you are under 18 years of age, you may only use Backstage with the permission of your parent or legal guardian through their Subscription Account. You are not permitted to copy or download any video or audio content available through Backstage. To use the Subscription Service, you must maintain all equipment necessary for access and use of Backstage.
POUND offers two types of Subscriptions: monthly (“Monthly Subscription and annual (“Annual Subscription“).
The Monthly Subscription is paid in “monthly” installments. For each month your Monthly Subscription is active, you agree and authorize POUND to charge the Monthly Subscription fee against the most current credit card information associated with you on file with POUND or POUND’s third-party payment processing provider. The Monthly Subscription fee will continue to be charged automatically each month until you cancel your Monthly Subscription by following the cancellation procedure in this Agreement. If you wish to avoid being charged for the next month’s Monthly Subscription fee, you must cancel your Monthly Subscription during the month before it renews. No refunds will be provided upon cancellation. You are not permitted to pause your Monthly Subscription.
The Annual Subscription is paid in annual installments. For each annual period your subscription is active, you agree and authorize POUND to charge the Annual Subscription fee against the most current credit card information associated with you on file with POUND or POUND’s third-party payment processing provider. The Annual Subscription fee will continue to be charged automatically upon the first day of each annual period after your initial Annual Subscription until you cancel your Annual Subscription by following the cancellation procedure in this Agreement. If you wish to avoid being charged a subsequent Annual Subscription fee, you must cancel your Annual Subscription during the annual period before it is due to renew. No refunds will be provided upon cancellation. You are not permitted to pause your annual Subscription during the period.
POUND reserves the right to change the Subscription fee at any time upon notice to you. If you object to any Subscription fee change, you may cancel your Subscription by following the cancellation procedures in this Agreement. No refund or proration will be provided for increased Subscription fees if you do not cancel your Subscription prior to the expiration of your current Subscription term.
If you believe a mistake happened with your Subscription purchase, please ask us to confirm the terms of your purchase in writing; only written changes to the terms of your Purchase or this Agreement will be honored. Subscriptions are nontransferable and cannot be sold, exchanged or transferred.
You are not permitted to resell any Subscriptions, products or other services purchased through the Website.
When you complete the Subscription Account creation process, you will automatically be signed up for a Free Trial described below. You will also receive an email confirming your account creation and the start of your Free Trial. You will not be charged any amount until the day after the expiration of your Free Trial. Upon expiration of the Free Trial, you will automatically be enrolled in the Monthly Subscription plan if you do not select the Annual Subscription or cancel your Subscription prior to the end of the Free Trial by following the procedure in this Agreement.
You are required to keep your payment information up to date at all times until you cancel your Subscription. You authorize POUND or POUND’s third-party payment processing provider the right to charge the fee associated with your Subscription, as well as all applicable taxes, until you cancel your Subscription. All fees are collected in US Dollars and subject to currency conversion rates from your local currency to US Dollars as well as any fees that may be imposed by your bank or credit card company. The amount you are charged in your local currency may therefore be more or less than the amount advertised in US Dollars on the Website. Subscription fees will be charged on the same day each month, which is the day after your immediately preceding Subscription expires. You cannot change the day your Subscription fee is charged unless you cancel your Subscription and re-subscribe to Backstage. Your credit card information may automatically be updated by your credit card issuer. You may have the right to opt out of this update service. If you wish to do so, please contact your credit card issuer. You are responsible for all charges associated with your account, including unauthorized charges, up and until the time you notify us of any unauthorized activity on your Subscriber account. POUND will not provide refunds or prorations for any Subscription fees charged against credit card information that was updated by your credit card issuer, with or without your knowledge or consent. POUND will not send you a receipt. You may view your Subscription fee charges and other purchases in your Subscription Account or on your credit card statement.
Any promotion offered by POUND cannot be combined with any other promotion, past or present.
One Time Free Trial
POUND offers people who have never signed up for a Subscription to experience Backstage through a free trial (the “Free Trial”). The term of the Free Trial will vary and POUND reserves the right to change the length of the Free Trial at any time. The Free Trial is available to you only once and only if you have not previously purchased a Subscription. You are not permitted to create numerous Subscriber accounts to take advantage of more than one (1) Free Trial. You will be charged an amount equal to the then-current Monthly Subscription fee for each Free Trial for which you are not eligible to sign up. You acknowledge and agree that such fee is not a penalty, but will be considered liquidated damages in light of the difficulties in estimating the damages to POUND for violation of the Free Trial terms.
On the day after the expiration of the Free Trial term, your credit card will be charged the then-current Subscription fee for the Monthly Subscription unless you select to purchase a longer Subscription plan. If you do not wish to be enrolled in the Monthly Subscription and charged the associated Monthly Subscription fee, you must cancel the Monthly Subscription prior to the expiration of the Free Trial by following the cancellation procedure below.
POUND may offer discounted Subscriptions from time to time in its sole and absolute discretion. If you purchase a discounted Subscription, the discounted Subscription fee will apply only to the period of time for which the discount is advertised. At the expiration of the discounted Subscription, you will automatically be charged the non-discounted rate for a renewal Subscription of the same Subscription type you purchased at the discounted rate. If you do not wish to be charged the then-current Subscription fee as explained above, you must cancel your Subscription by following the cancellation procedure in this Agreement.
Cancellation By You
You may cancel your Subscription or Free Trial by logging into your Subscription Account online, clicking on “Account” and clicking on “Billing,” selecting “Change Plan” and “Cancel Membership” button. You may also cancel your Subscription Account in app by clicking on “My Subscription” and selecting the “Cancel Subscription” button. Cancellation of your Subscription will become effective upon the expiration of your current Subscription term. If you cancel your Subscription on the date your credit card is charged, no refund will be provided. You will continue to have access to Backstage until your cancellation becomes effective on the last day of the current Subscription term. No refunds for failure to cancel your Subscription before the end of the current term will be provided under any circumstance.
Cancellation By POUND
POUND may suspend or terminate your use of Backstage immediately without notice at any time due to your believed breach of this Agreement or any fraud believed to have been committed by you. You will not receive a refund if your Subscriber account is terminated in accordance with this section of this Agreement.
By becoming a Subscriber, you agree to opt-in to receive emails related to Backstage as well as marketing and promotional offers. If you do not wish to receive emails from POUND, you can opt-out by following the instructions in the emails you receive.
By purchasing a Subscription, you warrant that (1) you are legally capable of entering into a binding agreement, (2) the information you provide POUND is truthful and accurate, and, (3) your use of Backstage will not violate any laws or regulations.
POUND reserves the right to change the Subscription plans, Free Trial period, promotions, and otherwise to adjust pricing for any service offered through Backstage at any time as it may determine in its sole and absolutely discretion. If POUND exercises its right to adjust pricing or any Subscription plan, it will provide advance notice to you. If you do not agree to the changes in pricing or any Subscription plan, you must cancel your Subscription by following the cancellation procedure in this Agreement on or before the cancellation deadline applicable to your Subscription plan explained above in this Agreement.
POUND reserves the right to change, update and remove content available through Backstage in its sole & absolute discretion at any time. POUND makes no representation or warranty of any kind, express or implied, as to the completeness, accuracy, reliability or availability of Backstage. Further, POUND does not provide any guarantee or warranty as to the results that can be achieved by using Backstage. You agree to use Backstage at your own risk and you are advised to consult a physician before beginning any exercise regimen.
When you visit Poundfit.com, Backstage or send emails to us, you are communicating with us electronically. You consent to receive communications (including legal notices) from us electronically. We will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Finally, POUND may deliver communications to you by any means set forth in any other POUND policy or notice published on the Website.
LICENSE AND SITE ACCESS
POUND grants you a limited license to access and make personal use of Backstage and you may not download (other than page caching) or modify it, or any portion of it, without the express written consent of POUND. This license does not include any resale or commercial use of Backstage or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of Backstage or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. Neither Backstage, nor any portion thereof may be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express written consent of POUND. You may not frame or utilize any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of POUND without our express written consent. You may not use any metatags or any other hidden text utilizing POUND’s name or trademarks without the express written consent of POUND. By visiting our website, you agree that it is NOT for the purpose of obtaining a claim or legal action against the Company, including but not limited to patent infringement, accessibility, or compliance with any law. Any unauthorized use terminates the permission or license granted by POUND. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of the Website so long as the link does not portray POUND, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any POUND logo or other proprietary graphic or trademark as part of the link without express written permission.
You may contact us online, or by mail to Pound Rockout Workout, LLC, PO Box 39347, Los Angeles, CA 90039 (provide your first and last name, user name, and email address).
DISCLAIMERS AND LIMITATION OF LIABILITY
Users of Backstage (individually and collectively, “User”) expressly agree that use of Backstage is at User’s sole risk. Neither POUND, nor its employees or Providers, warrant that the Website will be uninterrupted or error-free; nor do they warrant or make any representation regarding the use of the information provided on the Website or the results that may be obtained from the use of the information provided in Backstage, or as to the accuracy, reliability, or currency of any information, content, service, or merchandise provided through Backstage. POUND does not endorse, recommend, or sponsor and is not affiliated with any individuals or entities listed or linked to on Backstage unless that fact is expressly stated.
Backstage is provided by POUND on an “as is” and “as available” basis. POUND makes no representations or warranties of any kind, express or implied, as to the operation of the website, applicatioins or the information, content, materials, products or individuals included or listed Backstage. To the fullest extent permissible by applicable law, POUND disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. Under no circumstances shall POUND or providers be liable to you or any third-party for any indirect, consequential, incidental, special or punitive damages, including, but not limited to, lost profits and business interruption, whether in contract or in tort, including negligence, arising in any way from any product or service sold or provided on the website or the use of the information or the results of the use of the information provided in Backstage, even if POUND is expressly advised of the possibility of such damages. In no event shall POUND’s liability exceed the price you paid for a product or service that is the subject of the claim. No oral advice or written information given by POUND, providers or the like, shall create a warranty; nor shall user rely on any such information or advice. Under no circumstances shall POUND or any other party involved in creating, producing, or distributing Backstage be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use Backstage, including but not limited to the results from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to BPOUND’s records, programs, or services. User acknowledges that this paragraph shall apply to all content, merchandise, and services available through the Website. In those States that do not allow the exclusion or limitation of liability for consequential or incidental damages, liability is limited to the fullest extent permitted by law.
User agrees to use Backstage only for lawful purposes. User is prohibited from posting on or transmitting through Backstage any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law or regulation. If POUND is notified of allegedly infringing, defamatory, damaging, illegal, or offensive content provided by User, POUND may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such content from Backstage. POUND may disclose any content or electronic communication of any kind: (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate Backstage; or (iii) to protect the rights or property of POUND, its Users or Providers. POUND reserves the right to prohibit conduct, communication, or content that it deems in its sole discretion to be harmful to individual Users, Backstage, or any rights of POUND or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither POUND nor its Providers can ensure prompt removal of questionable content after online posting. Accordingly, neither POUND, nor Providers shall assume liability for any action or inaction with respect to conduct, communication, or content in Backstage.
LINKS TO OTHER SITES
Backstage may reference or link to third-party sites throughout the World Wide Web. POUND has no control over these third-party sites or the content within them. POUND cannot and does not guarantee, represent or warrant that the content contained in these third-party sites is accurate, legal, or inoffensive. POUND does not endorse the content of any third-party site, nor do we warrant that they will not contain viruses or otherwise impact your computer. POUND does not assume any responsibility or liability for the actions, product, services, and content of all these and any other third parties. If you choose to link to or use a third-party website, you should carefully review such third party’s privacy statement and other terms and conditions of use. By using the Website to search for or link to another third-party site, you agree and understand that you may not make any claim against POUND for any damages or losses, whatsoever, resulting from your use of the Website to obtain search results or to link to another site.
Copyright © Pound Rockout Workout, LLC, 2020. All materials and contents contained in Backstage (including but not limited to the text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software), and the website and applications themselves, are copyrighted materials belonging exclusively to POUND or its content suppliers and are protected by United States and international copyright law. POUND enforces its copyright interests to the fullest extent permitted under the law, and shall seek civil and criminal remedies where appropriate, including the remedies provided for under sections 501 et seq. of Title 17 of the U.S. Code. All rights are reserved.
Pound Rockout Workout, Ripstix and Generation Pound and the related logos and other marks indicated in Backstage are the exclusive property and trademarks of Pound Rockout Workout, LLC. POUND reserves all rights, including all rights applicable under the U.S. and international trademark laws, including, without limitation Section 1125 of Title 15 of the U.S. Code (Lanham Act Sec. 43). All other trademarks not owned by POUND that appear on this Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by POUND.
You agree to defend, indemnify, and hold POUND and Providers harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.
The Website is created and controlled by POUND in the State of California. As such, the laws of the State of California will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. POUND reserves the right to make changes to Backstage and these disclaimers, terms and conditions at any time. User hereby irrevocably and unconditionally consents to submit to the jurisdiction of the State of California for any litigation arising out of or relating to use of or purchase made through the website (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the laying of venue of any such litigation in the Los Angeles County courts and agrees not to plead or claim in any court that such litigation brought therein has been brought in an inconvenient forum.
PRESERVATION / DISCLOSURE
You acknowledge, consent and agree that POUND may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process nationally or internationally; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of POUND online Workouts, its Members and the public. Under no other circumstances will POUND intentionally disclose your account information to any third party.
In any action against us arising from the use of Backstage, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney’s fees. POUND reserves the right to make changes to Backstage, these policies, and these Backstage Terms and Conditions of Use at any time, effective immediately upon the posting on this website. Please check these Backstage Terms and Conditions of Use periodically. In addition, these Backstage Terms and Conditions of Use may be modified only by our posting of changes to these Backstage Terms and Conditions of Use on this website, or by signed, written agreement of both parties. Each time you access Backstage, you will be deemed to have accepted any such changes. If any of these terms and conditions shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining terms and conditions. These Backstage Terms and Conditions of Use are the entire Agreement between you and us relating to the subject matter herein. We may assign our rights and obligations under these Backstage Terms and Conditions of Use. These Backstage Terms and Conditions of Use will inure to the benefit of our successors, assigns, and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Backstage Terms and Conditions of Use, or to exercise any right under the Backstage Terms and Conditions of Use, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.