LICENSE AGREEMENT AND TERMS OF SERVICE
This License Agreement and Terms of Service (the “Terms of Service”) governs your use of the “GOLD’S AMP™” mobile software application that Gold’s Holding Corp. (“Gold’s Gym” or “we” or “us”) makes available for download and the related websites and other online properties. The GOLD’S AMP™ mobile application is referred to as the “App”; the App and other websites and online properties are referred to as the “Service.” WHEN YOU INSTALL, ACCESS OR USE THE SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THE TERMS OF SERVICE, DO NOT LOAD OR USE THE SERVICE.
A. KEY TERMS
- Subscriptions are auto-renewing, and you authorize renewing subscription fees to be charged to your account using the payment method on file. There are NO REFUNDS upon cancellation.
- Separate third-party terms of service and fees (such as mobile carrier terms of service and fees) may apply to your use of the Service and you are solely responsible for such fees.
B. General Terms and Conditions
- Participation at Your Own Risk. By accessing and using the Service, you fully and voluntarily do so at your own risk. You agree to consult your physician or appropriate health profession to discuss any health or medical concerns with your physician or other health professional prior to engaging in exercises or activities provided through the Service.
- Children and Minors. You must be at least 13 to use or access the Service. If you are 13 to 17 years of age, you must obtain the consent of your parent or legal guardian prior to accessing or using the Service, and by accessing or using the Service you represent to us that you have obtained such consent.
- Geographical Restrictions. You are responsible for complying with all laws applicable to your access and use of the Service. You may only access or use the App in the United States and Canada. We make no representation that the Service complies with laws of any other jurisdictions in which you access or use them, and you assume all risk if you choose to access the App outside of these jurisdictions. Your account and access to the Service is subject to immediate termination if we learn that you are in violation of these geographical restrictions.
C. About the Service
- Description. The Service allows you access to digital coached workouts accompanied by music. We will determine and have sole discretion over all aspects of the Service, including, without limitation: the type, number and frequency of workouts and the content offered through the Service. We make no promise or guaranty that any particular music, workout, type of workout, coach, or content will be available.
- Wireless Services. The Service will be accessible via a mobile phone, tablet, or other wireless device, and the website will also be available via computer. Your use of the Service may subject you to third party terms of service and fees (such as your mobile carrier), and you are solely responsible for such obligations and costs related to your access or use of the Service, including for messaging, data, and other fees.
- Equipment and Systems. You are responsible for procuring and maintaining (at your own cost) the equipment, systems and telecommunication services necessary to access and use the Service.
- Service Provider Restrictions and Fees. You must comply with any restrictions imposed by your mobile carrier or other service provider regarding downloading, installing, or using the Service or any portion thereof. The Service or parts of the Service may not be available on your particular device or through your particular carrier. You are responsible for contacting your carrier to determine if the Service is available, restrictions that may apply, and any fees you may be charged.
D. Creating and Maintaining Your Account
- Creating an Account. To access and use the Service, you must create an account with us, and download and launch the App. You must provide true, accurate, and complete information. You agree to update your information promptly, and as necessary, to keep it accurate. Your usernames and permalinks are subject to our approval from time to time. If messages sent to the e-mail address you provide are returned as deliverable, we may terminate your account immediately without notice or liability to you or any third party.
- Signing up and Maintaining Your Account. Your interaction with the Service will depend on whether you are a current member of Gold’s Gym (and if so, whether you are a member of a corporate or Franchise Gym), your device, and the offers available to you. Depending on these factors, you may have the following options to register and maintain your account:
- through the Google Store or Apple App Store (each an “Online Store”);
- directly via interface with Gold’s Gym (or a Franchise Gym, as applicable) in conjunction with your membership; or
- by signing up online via the Gold’s AMP website (“JOL”).
In any event, you will be required to visit an Online Store in order to download and access the APP.
Non-Members of Gold’s Gym
If you are not a current member of a Gold’s Gym, you may sign up via an Online Store. Your entire interaction with the Service, including managing and paying for your subscription, will be handled through the Online Store.
If made available to you and you sign up via JOL (if available to you), your interaction with the Service, including paying for your subscription, will be handled through the App and Gold’s Gym.
Gold’s Gym Members
If you are a current member, you will be required to provide your gym membership barcode when registering. You may also be asked to provide your last name and the name of your home gym.
Franchise Gym Members
Through an agreement with our affiliate, gyms owned and operated by independent unaffiliated entities (each a “Franchise Gym”) license the rights to offer the Service to their members. If you are a member of a Franchise Gym, your interaction with the Service, including managing and paying for your subscription, will depend on the Franchise Gym’s license arrangement for the Service. You will either (i) manage and pay for your subscription through an Online Store or (ii) manage and pay for your subscription in conjunction with your membership by interfacing directly with your Franchise Gym.
If made available to you and you sign up via JOL, your interaction with the Service will be handled through the App, and payment for your subscription will be handled via Gold’s Gym (separate from your membership and payment processing with your Franchise Gym).
Corporate Gym Members
If you are a corporate gym member you may sign up via Online Store, as part of a bundled Gold’s Gym membership package or as a service add-on to your gym membership, or via JOL (if offered). In any event, billing and payment of your subscription will be handled through Gold’s Gym.
- Security. You agree to keep your account information secure, and you are solely responsible for all activities that occur under using your credentials. You must notify us immediately of any breach of security or unauthorized use of your account.
- Suspension/Termination Due to Misuse. We may, in our discretion, suspend or terminate your account if we believe that activities on your account would or might constitute a violation of the Terms of Service, cause damage to or impair the Service, infringe or violate any third-party rights, damage or bring into disrepute our reputation or that of Gold’s Gym or its facilities, or violate any applicable laws or regulations.
- Consent to Electronic Communications. By establishing an account with us, you authorize us, our affiliates and marketing partners, and if you are a member of a Franchise Gym, the Franchise Gym/its marketing partners, to send you promotional emails regarding the Service and other services provided by Gold’s Gym.
E. Subscriptions and Payment
- To enjoy the full benefits of the Service, you must download the App and purchase a subscription. Your use of the Service constitutes your agreement to the terms of any Trial period (if applicable), and to pay the amounts required under the terms of your subscription (which may be part of a Gold’s Gym membership with us, our affiliates, or a Franchise Gym (as applicable)).
- PROMOTIONS AND FREE TRIALS.
- The Trial, per the terms offered to you in such Trial offer, may apply only to new customers, or may be limited to certain current or former registered users depending upon the promotion offered. Trials may not be combined with other offers, as specified in your trial offer. You may be limited in the number of Trials you can participate in.
- Duration and Cancellation. The Trial period will last for the time period specified in the Trial offer. You may cancel at any time, up to 24 hours before the free trial ends (per the Cancellation instructions in Section F below).
- AUTOMATIC ENROLLMENT AND BILLING. IF BEGIN YOUR SUBSCRIPTION WITH A TRIAL THAT AUTOMATICALLY BILLS AT THE END OF THE TRIAL PERIOD, AS DESCRIBED IN THE TRIAL OFFER TO YOU, AND YOU DO NOT CANCEL AT LEAST 24 HOURS BEFORE THE END OF YOUR TRIAL PERIOD, YOU WILL BE AUTOMATICALLY ENROLLED IN A MONTHLY SUBSCRIPTION AND YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW MONTHLY, EVERY THREE MONTHS, OR ANNUALLY (DEPENDING ON THE PLAN YOU CHOSE) UNLESS AND UNTIL YOU CANCEL AS DESCRIBED IN THE TERMS AND CONDITIONS OR AS DESCRIBED IN THE APP. IF YOU DO NOT CANCEL AT LEAST 24 HOURS BEFORE THE TRIAL PERIOD ENDS, YOU AUTHORIZE US, THE ONLINE STORE, OR THE FRANCHISE GYM (AS APPLICABLE) TO CHARGE THE PAYMENT METHOD ON FILE FOR YOU TO PAY FOR THE SUBSCRIPTION AT THE END OF THE TRIAL PERIOD AND TO CONTINUE TO DO SO FOR AUTOMATIC RENEWAL PERIODS THEREAFTER, UNTIL YOU CANCEL.
- Trial Eligibility. We reserve the right, in our sole discretion, to determine Trial eligibility, and to withdraw or cancel a Trial at any time without notice or liability. If we withdraw or cancel the Trial during your Trial period, your subscription will terminate, and you will not incur any further billings.
3. MEMBER RATE. As a Gold’s Gym member, depending on the type of membership you have, your subscription to the Service may be bundled with your Gold’s Gym membership or as provided as an add-on service to your membership (the “Member Rate”). If (1) your Gold’s Gym membership is terminated for any reason, or (2) you are a Franchise Gym member and the Franchise Gym modifies or cancels its license with us or ceases operation as an authorized Gold’s Gym facility for any reason, you will no longer have access to the Service at the Member Rate provided to you. Your subscription will be terminated, and you will be required to re-subscribe at the monthly rate then in effect for non-members. You may be required to sign up for a new account.
4. Payment Default. To access and use the Service, your subscription must be current. If you fail to pay the amounts required under the terms of your subscription when they are due, or your payment is declined or rejected for any reason, your account may be terminated or suspended until the subscription is current and fully paid. If your account is terminated and you later wish to access and use the Service, you may be required to create a new account.
5. AUTOMATIC RENEWAL. YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR PERIODS OF ONE MONTH, THREE MONTHS, OR ONE YEAR (DEPENDING ON THE PLAN YOU CHOOSE) UNLESS AND UNTIL YOU CANCEL IT AS DESCRIBED IN THE TERMS AND CONDITIONS.
6. AUTOMATIC RECURRING CHARGES. BY PURCHASING A SUBSCRIPTION, YOU AUTHORIZE US, THE ONLINE STORE, OR THE FRANCHISE GYM (AS APPLICABLE) TO CHARGE YOUR PAYMENT ON FILE FOR RENEWAL SUBSCRIPTIONS. YOU WILL BE BILLED FOR THE SAME SUBSCRIPTION PLAN (OR THE MOST SIMILAR SUBSCRIPTION PLAN, IF YOUR PRIOR PLAN IS NO LONGER AVAILABLE) AT THE THEN-CURRENT SUBSCRIPTION PRICE PLUS ANY APPLICABLE TAXES. YOUR PAYMENTS FOR ANY RENEWAL SUBSCRIPTION WILL BE PROCESSED USING THE SAME BILLING CYCLE AS YOUR CURRENT SUBSCRIPTION. IN OTHER WORDS, IF YOUR PAYMENT IS PROCESSED FOR YOUR CURRENT SUBSCRIPTION ON THE 20TH OF EACH MONTH, THEN PAYMENT WILL CONTINUE TO BE PROCESSED ON THAT DAY FOR ANY RENEWAL SUBSCRIPTION. ADDITIONAL TERMS AND CONDITIONS MAY APPLY UPON RENEWAL, AND SUBSCRIPTION FEES MAY CHANGE AT ANY TIME, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. YOU EXPRESSLY CONSENT TO THE RECURRING CHARGES FOR AUTOMATIC RENEWAL SUBSCRIPTIONS UNTIL YOU CANCEL PER THE TERMS OF SERVICE.
7. NO REFUNDS. PAYMENTS ARE NOT REFUNDABLE. You may cancel without any payment obligation at least 24 hours before the end of the free trial period. After the Trial period, no refunds or credits will be provided, including for partially used periods. You will be able to access and use the Service through the end of the current billing period.
8. Term. The Terms of Service are effective upon your downloading, installing, accessing, and using the Service, even if you have not expressly accepted the Terms of Service, and will continue in effect until expiration, or termination by you or us, as provided herein.
9. Termination. You may terminate the Terms of Service by sending written notification of cancellation as provided in these Terms of Service, cancelling your subscription and deleting the App from your mobile device, and terminating all other uses of the Service. We reserve the right, at any time and in our sole discretion, to suspend or terminate the Service or any part thereof and to revise the terms of your subscription. If, before the end of a subscription period for which you have paid, we suspend or terminate the Service for reasons that are not attributable to you, the subscription fees for the unused portion of the Service will be refunded pro rata to you. If we change the price of the Service, that change will not become effective until we publish a description of the change and your subscription renews at the end of its then-current billing cycle.
YOU MAY CANCEL YOUR SUBSCRIPTION TO THE SERVICE WITHIN 24 HOURS OF YOUR NEXT BILLING CYCLE, EFFECTIVE AT THE END OF THE BILLING PERIOD IN WHICH YOUR NOTICE OF CANCELLATION IS RECEIVED. You will not be responsible for any additional payments once your subscription is properly cancelled and your account is closed. NO REFUNDS ARE PROVIDED AT CANCELLATION, INCLUDING FOR PARTIALLY USED PERIODS.
How to cancel:
Instructions on how to cancel your subscription can be found here: https://goldsamp.com/how-to-cancel/. Important: Uninstalling the App will not cancel your subscription. You must cancel your subscription to end it.
- Subscriptions billed in conjunction with your membership at a Gold’s Gym Corporate Gym or Franchise Gym (as applicable). If your subscription was purchased and your payments are made in conjunction with your gym membership (i.e. you did not purchase your subscription through the Online Store), you may cancel your subscription by:
- Corporate Gym Members: Open the App; log in; tap profile icon in the upper left-hand corner; select Settings, click “Cancel Subscription”.
- Franchise Gym Members: Visit your Franchise Gym or email AMPsupport@goldsgym.com.
- Subscriptions Purchased through an Online Store or App. If your subscription was purchased and you are billed through the Online Store or the App, you will submit your cancellation notice through the Online Store or App.
- Subscriptions Purchased through JOL. If you purchased your subscription via the Gold’s AMP website, you may cancel as follows: Open the App; log in; tap profile icon in the upper left-hand corner; select Settings, click “Cancel Subscription.” You may also cancel by submitting a cancellation notice by email to: AMPsupport@goldsgym.com.
G. Intellectual Property Rights and Restrictions on Use
- License. Subject to your continuing compliance with the Terms of Service (and any applicable Online Store terms of service), we grant you a revocable, non-exclusive, non-transferable, limited right to access and use the Service for personal and non-commercial use. We reserve all rights with respect to any intellectual property used in, on or through the Service. We reserve all rights except for those expressly granted herein.
- No Reverse Engineering or Other Action. You agree that you will not make unauthorized copies or derivative works of any content made available on or through the Service; use any device, software, or routine to interfere or attempt to interfere with the proper working of the Service, or any activity conducted on the Service; attempt to decipher, decompile, disassemble, or reverse engineer any of the software or source code comprising or making up the Service; delete or alter any material we or any other person or entity posts on the Service; frame or link to any of the materials or information available on the Service; alter, deface, mutilate, or otherwise bypass any approved software through which the Service is made available; access, tamper with, or use non-public areas of the Service, our (and its hosting company’s) computer systems and infrastructure, or the technical delivery systems of our providers; provide any false personal information; create a false identity or impersonate another person or entity in any way; without our consent, create a new account if we have previously disabled your account; solicit, or attempt to solicit, personal information from other users of the Service; restrict, discourage, or inhibit any person from using the Service, disclose personal information about a third person on the Service or obtained from the Service without the consent of that person, or collect information about Users of the Service; use the Service to send emails or other communications to persons who have requested that you not send them communications; use the Service for any commercial or unauthorized purpose; gain unauthorized access to the Service, to other users’ accounts, names, or personally identifiable information, or to other computers or websites connected or linked to the Service; post any virus, worm, spyware, or any other computer code, file, or program that may or is intended to disable, overburden, impair, damage, or hijack the operation of any hardware, software, or telecommunications equipment, or any other aspect of the Service or communications equipment and computers connected to the Service; interfere with or disrupt the Service, networks, or servers connected to the Service or violate the regulations, policies, or procedures of those networks or servers; or violate any applicable federal, state, or local laws or regulations or the terms of the Terms of Service. Doing any of the foregoing may subject you to liability in addition to the suspension or termination of your access or use of the Service.
- Trademarks and Other Intellectual Property. The words Gold’s Gym®, Gold’s AMP™, and related trademarks, service marks, logos, symbols and devices displayed on and in the Service, and all intellectual property in or associated with the Service and its content (including coached workouts), whether registered or unregistered, are our property. Other product and service names on the Service may be intellectual property owned by third parties. By using the Service, you disclaim any rights to them except for the limited right to use them for your own personal, non-commercial use during the period in which you have a paid subscription, in accordance with the Terms of Service. All goodwill generated from the use of our intellectual property will inure solely to our benefit.
- Content and Materials. The content that we use that comprises the Service, including without limitation, any exercise or coaching workouts and plans, text, graphics, photos, software, sound recordings (and the musical works embodied therein), and interactive features, may be protected by copyright or other intellectual property rights that are owned by us or a third-party. You may not copy, reproduce, upload, republish, broadcast, transmit, retransmit, post, create derivative works of, publicly perform, publicly display, use for commercial purpose or distribute any materials from the Service in any way without prior express written permission of the copyright owner of such material or as otherwise specified in the Terms of Service or permitted by the Service’s intended functionalities. You may not modify or use any materials obtained from or available through the Service unless you have obtained the applicable copyright owner’s prior express written authorization.
- Feedback and Suggestions. If you choose to send us ideas, comments and suggestions, or materials regarding or related to the Service (collectively “Feedback”), you agree that the Feedback becomes our property. If and to the extent the Feedback is not our property, you irrevocably grant us the perpetual and unlimited permission to use the Feedback and any derivatives thereof for any purpose, in any manner we choose, without restriction. We will not be required to compensate you, in any way, for any such use.
- External Sites. The Service may contain links to, or the ability to share information with, third party websites (“External Sites”). The owners of any External Sites are entirely responsible for, and we do not endorse, recommend or make any representations regarding, any content they make available. Contact the owner of an External Site directly if you have any concerns regarding such content located on such External Sites. If you download files from any External Site, you should take precautions to protect your computer and mobile devices from viruses and other destructive programs before doing so. You deal with External Sites at your own risk, and we will have no liability to you arising from your use, engagement, exposure to, or interaction with any External Sites.
- Copyright Infringement Notification. If you are a copyright holder who believes that content on the Service violates the copyright laws of the United States or any other jurisdiction, please notify us, pursuant to The Digital Millennium Copyright Act, 17 United States Code 512(c)(3) ("DMCA"), at DMCA Agent, Russell Greene, 1080 Peachtree Street, Unit 2210, Atlanta, GA 30309 or by email at: DMCA@FitRadio.com.
Notification. Your notice must include a physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of the copyright that is allegedly infringed; specific identification of each copyrighted work claimed to have been infringed; a description of where the material believed to be infringed is located on the Service (be as detailed as possible and provide a URL if possible to help us the material you are reporting); contact information for the complaining party, including your complete name, address, telephone number, and email address; a statement that the complaining party has a good faith belief that use of the work(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Counter notification. The user who uploaded the material that is described in your DMCA Notification may file a counter notification which must be submitted to our DMCA Agent (at the same address) and include a physical or electronic signature of the subscriber; identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; a statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and the user’s name, address, and telephone number, and a statement that the user consents to the jurisdiction of the Federal District Court for the judicial district in which the user’s address is located, or if the user’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided the original notification or an agent of such person. If we receive a counter notification, we will forward it to the party who submitted the original claim of infringement. You acknowledge and agree that your personal information will be included. The original claimant will have 10 days after receiving the counter notification to notify us that it has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on the Service. If we receive that notification, we will be unable to restore the material. If we do not receive such notification, we may reinstate the material in our sole discretion. Under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material was removed or disabled by mistake or misidentification may be subject to liability.
H. User Content
- Ownership of User Content. Content that you upload, post or transmit to or through the Service (including your name, likeness and voice but excluding any materials that include our intellectual property) is “User Content.” By posting any User Content, you represent and warrant that: (i) you own it or otherwise have the right to grant the license set forth in paragraph H.2 herein; (ii) the information does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person; and (iii) your post will not require us to obtain any further licenses from or pay any royalties, fees, compensation, or other amounts or provide any attribution to any third parties.
- License to User Content and Waiver of Rights. You grant us the unrestricted, assignable, sublicensable, revocable, royalty-free license throughout the universe to reproduce, distribute, publicly display, communicate to the public, publicly perform (including by means of digital audio transmissions and on a through-to-the-audience basis), make available, create derivative works from, retransmit, and otherwise exploit and use all or any part of your User Content. You waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your User Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain, or permit any action based on any moral rights that you may have in or with respect to any User Content that you Post to or through the Service.
- Restrictions on User Content. You are responsible for your User Content. You agree not to post, and we reserve the right to remove, disallow, block, or delete, in our sole discretion, any User Content that violates the Terms of Service, or that is or could be interpreted to be “objectionable,” including any content that is: (i) abusive, bullying, defamatory, harassing, harmful, hateful, inaccurate, inappropriate, offensive, threatening, unlawful, violent, or in violation of any applicable laws (including laws related to speech); or (ii) promoting any product, good, or service, or bigotry, discrimination, hatred, intolerance, racism, or inciting violence;. WE WILL HAVE NO LIABILITY FOR UNAUTHORIZED USE OF USER CONTENT BY YOU OR OTHER USERS.
I. Agreement to Arbitrate, Waiver of Trial by Jury and Class Action Rights, and Governing Law
- Attorneys’ Fees. The party prevailing in any arbitration or court proceeding initiated as described above shall be entitled to an award of reasonable attorneys’ and other professionals’ fees and costs associated with the action.
- Modifications to Arbitration Provisions. As allowable by law, if we make material changes to the arbitration provisions of this agreement, then you may reject the changes by sending us written notice within 30 days of the change, to the address providing in the Notices section of these Terms of Service. The arbitration provision immediately in effect prior to our receipt of such notice shall continue to be in full force and effect and will govern any disputes hereunder.
J. Disclaimer of Warranties and Limitation of Liability
- WE, OUR AFFILIATES, AND OUR AND THEIR RESPECTIVE OFFICERS, SHAREHOLDERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, CONTRACTORS, FRANCHISEES, LICENSEES AND LICENSORS (COLLECTIVELY, THE “GOLD’S PARTIES”) MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE SERVICE OR ANY CONTENT AVAILABLE ON THE SERVICE, INCLUDING, BUT NOT LIMITED TO, THE ACCURACY, RELIABILITY, COMPLETENESS, APPROPRIATENESS, TIMELINESS, OR RELIABILITY THEREOF. THE GOLD’S PARTIES WILL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY, OR COMPLETENESS OF ANY CONTENT ON THE SERVICE OR ANY OTHER INFORMATION CONVEYED TO ANY USER, OR FOR ERRORS, MISTAKES, OR OMISSIONS THEREIN, OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE TO USE THE SERVICE AND ANY CONTENT AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ALL CONTENT YOU UPLOAD TO THE SERVICE.
- WE DO NOT WARRANT THAT THE SERVICE WILL OPERATE ERROR FREE, OR THAT THE SERVICE AND ANY CONTENT THEREON ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SERVICE OR ANY CONTENT THEREON RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO GOLD’S PARTY WILL BE RESPONSIBLE FOR THOSE COSTS.
- THE SERVICE AND ALL CONTENT) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. ACCORDINGLY, THE GOLD’S PARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
- IN NO EVENT WILL THE AGGREGATE OF ANY GOLD’S PARTY BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES DIRECTLY OR INDIRECTLY ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE OR PERFORMANCE OR NONPERFORMANCE OF THE TERMS OF SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR LIABILITY, AND THE LIABILITY OF ANY GOLD’S PARTY, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF THE FEES YOU HAVE PAID US FOR YOUR SUBSCRIPTION DURING THE PRIOR 12-MONTH PERIOD AND U.S. $100. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
- WE WILL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICE, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND THE GOLD’S PARTIES HEREBY DISCLAIM ANY AND ALL LIABILITY TO YOU FOR LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
K. Waiver of Liability and Indemnification
- Indemnification. To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless the Gold’s Parties from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising out of or resulting from (whether directly or indirectly) (a) your breach of the Terms of Service or applicable law; (b) your access to, use, or misuse of the Service or the content provided on, by or through the Service; (c) your User Content; (d) your violation of any third party right, without limitation, property, privacy, and intellectual property; (e) any action by a Gold’s Party to investigate a suspected violation of the Terms of Service or applicable law; and (f) bodily injury, personal injury, property damage or loss of any kind which may be sustained by you or any person whatsoever, whether or not caused in whole or in part by the active or passive actions of a Gold’s Party, and whether or not caused in whole or in part by the negligence of a Gold’s Party. We will provide notice to you of any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification under this paragraph if we believe that you are unwilling or incapable of defending our interests. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter at your expense.
- Assumption of Risk. You agree that you are accessing and using the Service at your own risk. In consideration of the privilege to access and use the Service, part of which consists of exercising (which may be in or outdoors) including but not limited to running, cycling, jumping, pushups, sit ups, lifting weight and other military-style exercise activities, you acknowledges and agree that no Gold’s Party shall be liable for, and you agrees to assume all risk for and waive all liability for, claims, causes of action, demands, costs, damages, liabilities, liens, and expenses (including attorneys’ fees) (collectively and each a ”Claim”) arising out of or relating to, directly or indirectly, any bodily injury, personal injury, property damage or loss of any kind which may be sustained by you, whether or not caused in whole or in part by the active or passive actions of a Gold’s Party, and whether or not caused in whole or in part by the negligence of a Gold’s Party. YOU FURTHER AGREE TO ASSUME ALL RISK FOR AND HOLD HARMLESS THE GOLD’S PARTIES FROM ANY INJURIES, DISEASE, INFECTION OR MEDICAL DISORDERS RESULTING FROM OR AGGRAVATED OR WORSENED BY USE OF THE SERVICE AND PARTICIPATION IN THE COACHED WORKOUTS THEREIN PROVIDED, INCLUDING HEART ATTACKS, STROKES, HEAT STRESS, SPRAINS, BROKEN BONES AND TORN OR DAMAGED MUSCLES, LIGAMENTS OR TENDONS, WHETHER CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF A GOLD’S PARTY.
- No Agency or Other Special Relationship. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of the Terms of Service or your use of the Service. You further acknowledge that by submitting User Content, no confidential, fiduciary, contractually implied, or other relationship is created between us and you other than pursuant to the Terms of Service.
- Non-Waiver. Our failure to act on or enforce any provision of the Terms of Service will not be construed as a waiver of that provision or any other provision in the Terms of Service. No waiver will be effective against us unless made in writing, and no such waiver will be construed as a waiver in any other or subsequent instance.
- Entire Agreement. Except as we expressly agree, the Terms of Service constitutes the entire agreement between us and you with respect to the subject matter hereof, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter herein.
- No Assignment. You may not assign the Terms of Service or any of the rights or licenses granted hereunder, directly or indirectly, without our prior express written consent. This means that if you dispose of any device on which you have installed the App, such as by sale or gift, you are responsible for deleting the App and any content from your device prior to such disposition. We may assign the Terms of Service, including all its rights hereunder, without restriction, and the Terms of Service will inure to the benefit of our successors and assigns.
To contact us about the Service, including cancellation inquiries, email us at AMPsupport@goldsgym.com.
Open Source Software. The Service may contain open source software subject to its own applicable license terms.
NOTICE REGARDING APPLE: You acknowledge that the Terms of Service is between us and you only, not with Apple, and Apple is not responsible for the App or the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, then you may notify Apple and Apple will refund the purchase price for the relevant App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights. You agree to comply with any applicable third-party terms, when using the App. Apple, and Apple’s subsidiaries, are third party beneficiaries of the Terms of Service, and upon your acceptance of the Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms of Service against you as a third-party beneficiary of the Terms of Service. You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. If we provide a translation of the English language version of the Terms of Service, the translation is provided solely for convenience, and the English version will prevail.
NOTICE REGARDING SAMSUNG: Samsung is a third-party beneficiary of the Terms of Service and may enforce the Terms of Service against you.