BURN BOOT CAMP ON-DEMAND SUBSCRIPTION Services Agreement
This Burn Boot Camp On-Demand Subscription Services Agreement (“Agreement”) is by and between Kline Franchising LLC, d/b/a Burn Boot Camp™ (“Burn Boot Camp”), and you (“Customer”, “you” or “your”).
This Agreement is effective when you click “I Agree” to register for a trial subscription or subscribe to Burn Boot Camp On- Demand (“On-Demand”) using the On-Demand website, our downloadable application for use with smart televisions or other smart devices, or our downloadable application for use on mobile devices.
BY ACCESSING OR USING ON-DEMAND, YOU AGREE THAT YOU ARE LEGALLY BOUND BY THE TERMS OF THIS AGREEMENT, AND YOU REPRESENT AND WARRANT THAT:
(I) YOU HAVE READ AND UNDERSTAND THIS AGREEMENT;
(II) YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD OR THE AGE OF MAJORITY IN YOUR STATE OF RESIDENCE;
(III) YOU HAVE CONSULTED YOUR PHYSICIAN OR OTHER LICENSED HEALTHCARE PROVIDER AND HAVE DETERMINED THAT USE OF ON-DEMAND IS APPROPRIATE FOR YOU; AND
(IV) YOU HAVE THE RIGHT, POWER, AND AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF THE CUSTOMER AND TO BIND CUSTOMER TO THESE TERMS.
IF YOU ARE USING A FREE TRIAL OF ON-DEMAND, SECTION 2 SETS FORTH ADDITIONAL TERMS WHICH APPLY TO YOU.
NOTICE OF MANDATORY ARBITRATION AND WAIVER OF CLASS ACTION RIGHTS: THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT IMPACTS YOUR RIGHTS UNDER THIS AGREEMENT AND YOUR RIGHT TO MAKE ANY CLAIMS WHICH MIGHT ARISE BETWEEN BURN BOOT CAMP AND YOU. YOU MAY OPT OUT OF THE BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISION PROVIDED THAT YOU FOLLOW THE PROCEDURE SET FORTH IN SECTION 22.
For good and valuable consideration, Burn Boot Camp and you agree as follows:
- ON-DEMAND REGISTRATION AND SUBSCRIPTIONS.
- To use On-Demand, you must first create an account via the On-Demand website or downloadable application. When creating your account, you must enter your contact information, credit card information, and select a subscription plan (your “Subscription”). You must provide true, complete, and accurate information when creating your On-Demand account. Only one person can use an account. You may not transfer your account to another person.
- Burn Boot Camp may validate or screen On-Demand account. Only you are permitted to access and use On-Demand under your Subscription. You are solely responsible for all actions and inactions that occur under your On-Demand account, including all access to and use of On-Demand, and all use of your account and log-in credentials. You are responsible for maintaining the confidentiality of your account username, password, and other log-in credentials used to access and use On-Demand. You agree to notify Burn Boot Camp of any misuse or unauthorized use of your account or your credentials as soon as possible.
- FREE TRIAL. If you sign up for a free trial of On-Demand, notwithstanding anything to the contrary, the following additional terms also apply to you:
- Burn Boot Camp may at any time and at its sole option stop offering a free trial of On-Demand to you. In such event: (i) you must purchase a Subscription to continue accessing and using On-Demand; or (ii) this Agreement will automatically terminate and you will have no further rights to access or use On-Demand.
- THE FREE TRIAL OF ON-DEMAND IS PROVIDED AS-IS AND AS-AVAILABLE WITHOUT A WARRANTY OF ANY KIND.
- USE RIGHTS. After you pay the Fees (as defined in Section 8), and subject to your compliance with the terms of this Agreement and applicable laws, Burn Boot Camp grants to you a limited, non‑exclusive, terminable, non-assignable, non‑transferable, non‑sublicensable, personal right to use On-Demand in the United States during the term of this Agreement.
- USE RESTRICTIONS. You many only use On-Demand if you comply with the following additional requirements:
- Personal Use. You may only access and use On-Demand for your own personal and non-commercial purposes.
- No Reverse Engineering. You will not reverse engineer, copy, duplicate, sell, publish, rent, lease, publicly display, translate, adapt, compile, decompile, disassemble, modify, sublicense, transfer, assign, distribute or create derivative works of On-Demand. You will not access or attempt to access the On-Demand source code.
- No Unauthorized Actions. You will not upload or transmit through On-Demand any: (i) materials that infringe a third party’s intellectual property rights; (ii) advertising or promotional content or (iii) any content which is inappropriate, harmful, derogatory, violates the rights of others, is hateful, obscene or profane.
- No Modifications. You agree not to modify any markings, labels, or notices of proprietary rights contained in On-Demand.
- U.S. Only: You will not access or use On-Demand outside of the United States.
- No Competitive Products. You will not create any competitive products, services, or materials when using On-Demand. You will not incorporate On-Demand into any other program, product, or service.
- Non-Interference. You will not access, use, or interfere with the proper working of On-Demand or any server, computer, or database related to On-Demand.
- No Malware. You will not introduce any viruses, trojan horses, malware, time-bombs, time-outs, backdoors, worms, spyware, ransomware, spoofing, or any mechanism that allows remote or unauthorized access, copy prevention, deletion, disabling, modification, corruption, or anything similar into On-Demand or any networks that make On-Demand available.
- MODIFICATIONS; UPDATES AND UPGRADES.
- Modifications. Burn Boot Camp may modify, remove or add Content at any time without notice.
- Updates and Upgrades. Burn Boot Camp may, but is not required to, provide updates or upgrades to On-Demand. You agree to install all updates and upgrades when they are made available. Burn Boot Camp is not liable to you for any losses resulting from your failure to install available updates and upgrades. You are solely responsible for the purchase and installation of any additional hardware, software, network connections or other products that are necessary to enable you to use the updates and upgrades.
- SUBSCRIPTION FEES.
- Upon timely payment of the Subscription Fees (“Fees”) and subject to your compliance with the terms of this Agreement, Burn Boot Camp will provide you with access to and use of On-Demand. All Fees are nonrefundable. Fees are payable in US Dollars. Unless you cancel your Subscription prior to the end of your current Subscription period, you will be charged in advance for the next Subscription period using the payment information in your On-Demand account at then-current subscription rates.
- Fee Increases. Burn Boot Camp reserves the right to set On-Demand Subscription Fees in its sole discretion. Subscription renewals will be subject to then-current On-Demand subscription fees, rates, and any available promotional offers.
- Delinquent Accounts and Payment Disputes. Burn Boot Camp may, at its sole discretion, charge interest on any past due Fees, to be calculated at 1.5% per month or the highest percentage permitted by applicable law, whichever is less. In the event of any payment dispute between you and Burn Boot Camp or if your account is delinquent, you will be responsible to reimburse Burn Boot Camp for the costs of collection (including reasonable attorneys' fees) incurred as a result of your failure to pay the Fees. Without limiting any of its other rights in law or equity, in the event any Fees are past due, Burn Boot Camp may suspend your access to or use of the Service until your account has been brought current.
- You must pay all applicable sales and use taxes applicable to your subscription.
- OWNERSHIP AND LICENSE RIGHTS.
- On-Demand Service, Content, and Documentation. Burn Boot Camp or its licensors own all rights, title and interest in and to On-Demand, including but not limited to the software, computer code, the platform, the portal, functionality, the look and feel of the platform, trademarks, service marks, features, streaming services, and any compilations, images, text, audio, visual, written media, PDF, links, user interfaces, photography, graphics, artwork, text, charts, logos, slogans, trademarks, names of products and services, and other information and material found within On-Demand, whether downloadable or not (collectively, “Content”) and any instructions, training materials, user guides, or other information available within On-Demand, whether downloadable or not, to assist in your use of On-Demand (“Documentation”), including all related Intellectual Property Rights. Any reference to "On-Demand" in this Agreement means both the Content and Documentation, unless the context requires otherwise. We also retain all Intellectual Property Rights in and to On-Demand, including all patent, trademark, service mark, logos, copyrights, database rights, inventions, know-how or trade secrets related to On-Demand.
- No Customer Ownership. Nothing in this Agreement grants or transfers to you any ownership rights to On-Demand, or the On-Demand Data, or any Intellectual Property Rights in On-Demand or the On-Demand Data.
- Customer Suggestions and Feedback. Any suggestions, enhancement requests, recommendations, corrections, or other feedback (collectively, “Feedback”) you provide to Burn Boot Camp is the sole and exclusive property of Burn Boot Camp. We will not treat the Feedback as confidential information and we may use the Feedback without further attribution or compensation. Burn Boot Camp may use Feedback and any know-how, experience, or skills that it gains in connection with its providing On-Demand for any business purpose.
- YOU AGREE TO FOLLOW THE ADVICE OF YOUR PHYSICIAN AND/OR LICENSED HEALTHCARE PROVIDER BEFORE STARTING AN EXERCISE PROGRAM AND WHILE USING ON-DEMAND.
- You agree to comply with all safety and other instructions contained in On-Demand and within the Content offerings.
- You are responsible for purchasing, installing and configuring all software, hardware, network connections, internet access, browsers, and licenses required to access and use On-Demand.
- You are responsible for protecting your computer or device(s) with anti-virus software. You are responsible for maintaining any backups or reconstruction methods for any lost data.
- You agree that you will only use On-Demand, the Content, and Documentation in compliance with applicable laws, rules and regulations, and you will not violate the rights of any third parties in your use of On-Demand, the Content or the Documentation.
- You agree to comply with all of your use restrictions set forth in Section 4 of this Agreement.
- CONFIDENTIAL AND PROPRIETARY INFORMATION.
- You may have access to certain confidential and proprietary information owned by Burn Boot Camp (“Proprietary Information”) when you access and use On-Demand. For purposes of this Agreement, Proprietary Information means any software or information regarding On-Demand, the Content, the Documentation or the On-Demand Data, the technical infrastructure of On-Demand, or any other information that a reasonable person would understand to be confidential or proprietary to Burn Boot Camp.
- You agree not to, directly or indirectly, provide access to or share any Proprietary Information with any person or entity for any purpose whatsoever. You agree to notify Burn Boot Camp of any suspected or known breach of Burn Boot Camp’s Proprietary Information as soon as possible.
- The confidentiality obligations set forth above apply to all Proprietary Information except to the extent that: (i) you can show by written record that you possessed the information prior to accessing it through On-Demand; (ii) the information was already available to the public or became available through no fault of your own; (iii) the information is later disclosed to you by a third party who has the right to disclose it free of any obligations to Burn Boot Camp; or (iv) the information is independently developed by you without reference to or use of Burn Boot Camp’s Proprietary Information.
- COMPELLED DISCLOSURE. If you are required by governmental, administrative, or judicial process to disclose any or all of Burn Boot Camp’s Proprietary Information, then you shall, prior to any disclosure in accordance with such process, promptly (in no more than ten (10) calendar days) notify Burn Boot Camp in writing and shall provide Burn Boot Camp assistance in any reasonable effort to obtain confidential treatment with respect to such disclosure. Any such disclosure will be limited to the minimal extent required to comply with the applicable law or governmental body request.
- EQUITABLE RELIEF. Any breach of the obligations of confidentiality or limited use of Proprietary Information contained in this Agreement may cause Burn Boot Camp irreparable harm, injury, loss and damage, the extent of which may be impossible to ascertain and which cannot be fully compensated by monetary damages. Accordingly, in addition to any other remedies, Burn Boot Camp shall be entitled to seek injunctive or other equitable relief, at law or in equity, against you to prevent any further or continuing breach of the your obligations, without the need to post bond or other security, or the need to prove actual damages.
- TECHNICAL SUPPORT. For users with a current Subscription, Burn Boot Camp will provide you free access to its On-Demand technical support portal. The portal is accessible within your On-Demand user account or at customerservice.burnbootcamp.com
- BURN BOOT CAMP MAY RECOMMEND A COURSE OF ACTION BUT DOES NOT PROVIDE ANY GUARANTEE OR WARRANTIES WITH REGARD TO TECHNICAL SUPPORT SERVICES.
- NO MEDICAL ADVICE. ON-DEMAND CONTENT IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO DIAGNOSE OR TREATMENT ANY MEDICAL CONDITION. ON-DEMAND CONTENT IS NOT A SUBSTITUTE FOR THE ADVICE OF A PHYSICIAN. BEFORE BEGINNING TO USE ON-DEMAND, YOU SHOULD CONSULT YOUR PHYSICIAN. DO NOT USE ON-DEMAND IF YOUR PHYSICIAN ADVISES AGAINST IT. YOU SHOULD IMMEDIATELY STOP USING ON-DEMAND IF YOU BECOME FAINT, DIZZY, OR EXPERIENCE PAIN WHEN EXERCISING. WE ARE NOT HEALTH CARE PROVIDERS AND DO NOT PROVIDE YOU WITH MEDICAL ADVICE. WHILE THE CONTENT CONTAINS GENERAL HEALTH AND FITNESS INFORMATION, THIS IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. NOTHING IN ON-DEMAND OR ITS CONTENT IS INTENDED TO BE OR MAY BE USED AS MEDICAL ADVICE.
- ASSUMPTION OF RISK. YOU USE ON-DEMAND AT YOUR OWN RISK. EACH INDIVIDUAL HAS THEIR OWN, UNIQUE PERSONAL LIMITATIONS, MEDICAL CONDITIONS, AND MEDICAL HISTORY. CERTAIN ON-DEMAND CONTENT MAY INVOLVE PHYSICAL ACTIVITY THAT MAY BE INTENSE, ILL-ADVISED, OR DANGEROUS FOR CERTAIN INDIVIDUALS. DO NOT EXCEED YOUR LIMITS WHILE PARTICIPATING IN VIDEO CLASSES AND SELECT THE APPROPRIATE LEVEL OF ACTIVITY FOR YOU. YOU ACKNOWLEDGE THAT USING ON-DEMAND COULD LEAD TO PERSONAL INJURY OR DEATH, DISABILITY, LOSS OF SERVICES, LOSS OF CONSORTIUM, DAMAGE TO OR LOSS OF PROPERTY OR PRIVACY, OR OTHER LOSS OR DAMAGE. THE USE OF ON-DEMAND AND ANY INFORMATION PROVIDED WITHIN THE ON-DEMAND SERVICE IS SOLELY AT YOUR OWN RISK.
- WARRANTY DISCLAIMERS.
- BURN BOOT CAMP PROVIDES ON-DEMAND, THE CONTENT, THE DOCUMENTATION, AND THE TECHNICAL SUPPORT ON AN "AS-IS" AND “AS AVAILABLE” BASIS. BURN BOOT CAMP EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES RELATED TO ON-DEMAND, THE DOCUMENTATION, THE CONTENT OR THE TECHNICAL SUPPORT, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OR FROM A COURSE OF DEALING OR USAGE OF TRADE, TO THE FULLEST EXTENT PERMITTED BY LAW. BURN BOOT CAMP MAKES NO WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, SECURITY, RELIABILITY, QUALITY, TIMELINESS OR AVAILABILITY, OR ANY ERRORS OR OMISSIONS IN ON-DEMAND, THE DOCUMENTATION, THE CONTENT, OR THE TECHNICAL SUPPORT. IF YOU ARE NOT SATISFIED WITH ON-DEMAND, YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING IT.
- WE USE GOOD FAITH EFFORTS TO OPERATE ON-DEMAND ON A CONTINUOUS BASIS. BURN BOOT CAMP DOES NOT GUARANTEE THE AVAILABILITY OR PERFORMANCE OF ON-DEMAND OR THE CONTENT. ON-DEMAND AND THE CONTENT MAY BE SUBJECT TO DISRUPTION, DAMAGE, OR LOSS WHICH PREVENT YOU FROM ACCESSING OR USING ON-DEMAND (“SERVICE INTERRUPTION"). WE SHALL NOT BE LIABLE FOR ANY SERVICE INTERRUPTION WHICH YOU EXPERIENCE WHEN USING ON-DEMAND. YOU AGREE THAT YOU WILL NOT BE ENTITLED TO OR RECEIVE A REFUND, CREDIT OR ANY OTHER COMPENSATION FOR ANY SERVICE INTERRUPTION.
- USE OF ON-DEMAND REQUIRES AN INTERNET CONNECTION PROVIDED BY YOU AND THE PERFORMANCE OF ON-DEMAND WILL DEPEND UPON THE QUALITY OF YOUR INTERNET SERVICES.
- CONSEQUENTIAL DAMAGES EXCLUSION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BURN BOOT CAMP, ITS AFFILIATES, OR FRANCHISEES, OR ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, OWNERS, EMPLOYEES, CONTRACTORS, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, CONSULTANTS, SUPPLIERS, AGENTS, OR REPRESENTATIVES (TOGETHER, “BURN BOOT CAMP PARTIES”) BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE OR INCOME, OR OTHER DAMAGES OR LOSSES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH:
- ON-DEMAND, THE CONTENT, DOCUMENTATION, OR THE TECHNICAL SUPPORT, OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, ON-DEMAND, THE CONTENT, DOCUMENTATION, OR TECHNICAL SUPPORT;
- LOST DATA, LOSS OF USE, OR SERVICE INTERRUPTIONS;
- ANY RESULTS OR INABILITY TO OBTAIN RESULTS FROM ON-DEMAND, THE CONTENT, DOCUMENTATION, OR TECHNICAL SUPPORT SERVICES, INCLUDING LOSS OR CORRUPTION OF DATA;
- ANY TOTAL OR PARTIAL FAILURE OF PERFORMANCE OF, OR MALFUNCTION OF, ON-DEMAND;
- A DATA PRIVACY OR SECURITY INCIDENT OR BREACH, OR LOST OR CORRUPTED DATA RELATED TO YOUR ACCOUNT, YOUR USE OF ON-DEMAND, THE CONTENT, THE DOCUMENTATION, TECHNICAL SUPPORT, OR UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR YOUR INFORMATION; OR
- PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE.
THIS LIMITATION OF LIABILITY AND EXCLUSION OF DAMAGES APPLIES REGARDLESS OF THE FORM OF ACTION, WHETHER THE CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE, AND EVEN IF A BURN BOOT CAMP PARTY HAS EXPRESS KNOWLEDGE OF THE POSSIBILITY OF THE LOSS OR DAMAGE.
- CAP ON DAMAGES. BURN BOOT CAMP AND THE BURN BOOT CAMP PARTIES' MAXIMUM TOTAL COLLECTIVE LIABILITY TO ANY PARTY (REGARDLESS OF THE FORM OF THE ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) AND YOUR SOLE REMEDY, SHALL BE AN AWARD FOR DIRECT, PROVABLE DAMAGES NOT TO EXCEED THE AMOUNT OF THE SUBSCRIPTION FEES PAID BY YOU UNDER THIS AGREEMENT IN THE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.
- Customer’s Duty to Indemnify. You agree to defend, indemnify, and hold harmless the Burn Boot Camp Parties from and against any claims, suits, actions, allegations, liabilities, damages, judgments, settlements, awards, losses, costs, expenses, and fees (including reasonable attorneys’ fees and court costs) arising from: (i) your violation of this Agreement, (ii) your use of On-Demand, the Content, the Documentation, or the Technical Support, (iii) your recklessness, fraud, negligence, or willful misconduct, (iv) claims that arise from a data privacy or security breach or incident, (v) third party claims for injury or death to a person, or property damage; (vi) your violation of applicable laws; and (vii) your violation of Burn Boot Camp's or its licensor's intellectual property rights.
- Notice of Claim. Burn Boot Camp will notify you within a reasonable time after Burn Boot Camp first becomes aware of any claim subject to indemnification; however, any delay in such notice shall not relieve you of your duty to indemnify Burn Boot Camp except and only to the extent that you were actually prejudiced by the delay. You grant to Burn Boot Camp, and Burn Boot Camp reserves the exclusive right, to assume the defense and control of any matter subject to indemnification by you. You agree that the Burn Boot Camp Parties will have no liability in connection with any such claims or losses. In the event Burn Boot Camp does not assume the defense, and notwithstanding the foregoing, you will not agree to any settlement that: (i) finds fault or liability or requires any obligations of any Burn Boot Camp Parties without Burn Boot Camp’s advance written approval; and (ii) resolves the claim in a manner that involves injunctive or other equitable relief.
- NEW JERSEY CONSUMERS. No provision in this Agreement shall apply to any consumer in New Jersey if the provision limits remedies for (i) negligence, (ii) products liability claims, (iii) the punitive damages laws, (iv) the New Jersey Uniform Commercial Code, or (v) failure to reasonably protect against harm arising from certain criminal acts of third parties (e.g., computer hacking and identity theft). The provisions of this Agreement concerning the exclusion or limitation of certain damages are not applicable in New Jersey with respect to statutory damages, punitive damages, loss of data, and loss of or damage to property. Burn Boot Camp reserves all rights, defenses and permissible limitations under the laws of New Jersey.
- FORCE MAJEURE. Burn Boot Camp will not be liable for any breach under this Agreement due to circumstances beyond its reasonable control, including, but not limited to, acts of government, nature, or the public enemy, civil or labor unrest, fires, pandemics, terrorism, floods, explosions, energy shortages, delay in obtaining licenses, or unavailability or reduced availability of an internet connection.
- TERM, SUSPENSION, TERMINATION, AND SURVIVAL.
- Term of this Agreement. This Agreement shall commence on the Effective Date and continue for the length of your Subscription, which includes all extensions and renewals. You may elect to cancel your Subscription at any time effective as of the start of your next billing cycle using the On-Demand user portal.
- Suspension and Termination by Burn Boot Camp. This Agreement and/or your Subscription may be suspended or terminated immediately at any time by Burn Boot Camp in its sole discretion and without prior notice if Burn Boot Camp determines that: (i) it is necessary to prevent or stop a violation of this Agreement or misuse of On-Demand; (ii) there is a security or safety risk to On-Demand; or (iii) it is necessary to comply with applicable laws or (iv) your actions interfere with the use of On-Demand by other subscribers. In the event Burn Boot Camp elects to terminate this Agreement for its convenience unrelated to any action or inaction by you, Burn Boot Camp will refund on a pro-rata basis any pre-paid Fees, less any costs or expense that you may owe
- Cancellation Rights. You may cancel your subscription by sending us an e-mail at email@example.com or by submitting a request through customerservice.burnbootcamp.com.
- Termination for Breach. Either party may terminate this Agreement for an uncured material breach by the other party. The non-breaching party shall give the breaching party written notice stating the nature and character of the breach. Except for your breach of payment obligations, the non-breaching party shall allow the breaching party thirty (30) calendar days from the date of the notice to correct the breach. If the breach remains uncured after such thirty (30) calendar day period, the non-breaching party may terminate the Agreement. Notwithstanding the foregoing, Burn Boot Camp may suspend your access and use of On-Demand or terminate this Agreement, without any liability or penalty, if you are past due on any payment obligations.
- Payment upon Termination. If Burn Boot Camp terminates this Agreement due to your breach, you agree to pay any Fees covering the remainder of the term of this Agreement. In no event will termination relieve you of your obligation to pay any Fees payable for the period prior to the effective date of termination of this Agreement or the remaining term of the then-current year of the Agreement.
- Effect of Termination. Upon termination or expiration of this Agreement your license to access and use On-Demand immediately terminates and you agree to immediately: (i) discontinue your access and use of On-Demand; and (ii) delete all Content, Documentation, and Burn Boot Camp Proprietary Information on all of your computer(s) and device(s).
- In the event of termination of this Agreement, the provisions which by their nature are intended to survive expiration or termination shall survive.
- GOVERNING LAW. This Agreement is governed by and interpreted pursuant to the laws of North Carolina, United States of America, without regard for its principles of conflict of law. Except for claims subject to arbitration pursuant to Section 23 below, both parties agree that the exclusive venue for any dispute between the parties arising out of this Agreement or pertaining to the subject matter of this Agreement will be in the state or federal courts, as applicable, located in Charlotte, North Carolina, unless otherwise determined by Burn Boot Camp in its sole discretion. You specifically consent to exclusive personal jurisdiction in Charlotte, North Carolina, in connection with any dispute between you and Burn Boot Camp arising out of this Agreement or pertaining to the subject matter hereof. You will not bring any action or other claim with respect to Burn Boot Camp On-Demand more than one year after the claim arises. The headings in this Agreement are informational only and do not modify the Agreement. The parties specifically exclude the application of the U.N. Convention on the International Sale of Goods and the Uniform Computer Information Transactions Act (UCITA) to this Agreement.
- In the event of any actual, alleged, or threatened violation of confidentiality or violation of Burn Boot Camp’s intellectual property or other proprietary rights, Burn Boot Camp may immediately resort to court proceedings in a court of competent jurisdiction in order to seek immediate injunctive relief without posting bond, proving damages, or meeting any similar requirement. Any institution of any action for injunctive relief will not constitute a waiver of the right or obligation of either party to submit any claim seeking relief other than injunctive relief to arbitration.
- MANDATORY ARBITRATION AGREEMENT; CLASS WAIVER; WAIVER OF TRIAL BY JURY. You agree to arbitrate all disputes with Burn Boot Camp and limit the manner in which you seek relief from us.
- Dispute Resolution. If you have any problems or concerns with On-Demand, please contact us at firstname.lastname@example.org or via customerservice.burnbootcamp.com and we will attempt to resolve them.
- Mandatory Arbitration. If we are unable to resolve a dispute, claim, or controversy arising out of or relating to this Agreement, including the breach, termination, enforcement, interpretation, or validity of this Agreement (together, “Claims”), will be submitted to and resolved by binding arbitration on an individual basis as described in this Agreement (this “Arbitration Agreement”) and will not proceed on a class action basis.
- The parties understand that they would have had a right or opportunity to litigate Claims through a court, to have a judge or jury decide their case, and to participate in a class action or other proceeding involving multiple claimants, but they have instead chosen to have all Claims decided through individual arbitration .The parties understand that, absent agreement to mandatory arbitration, they would have the right to bring a lawsuit and seek a jury trial. The parties specifically waive their right to file a class action lawsuit. If a court or arbitrator finds the class-action waiver is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth in this Section shall be deemed null and void and the dispute will be referred to the court system.in its entirety and the parties shall be deemed to have not agreed to arbitrate Claims.
- Arbitration proceedings will be administered by the American Arbitration Association (“AAA”) before a single arbitrator chosen by agreement of the parties. If the parties fail to reach agreement on the arbitrator within 30 days after service of the demand for arbitration, the arbitrator will be chosen by the AAA. The decision of the arbitrator will be final and binding. Any final award or judgment may be filed and enforced in any court of competent jurisdiction. Each party will bear its own expenses and fees (including its own attorneys’ fees and costs) arising from any arbitration unless the arbitrator determines that your Claims were improper or frivolous, in which case the arbitrator may require you to reimburse the Burn Boot Camp Parties for certain fees and expenses in accordance with the applicable AAA rules.
- Place; Federal Arbitration Act. The seat of the arbitration shall be Charlotte, Mecklenburg County, North Carolina, unless otherwise agreed to in writing by all parties to the arbitration. Judgment upon any award rendered in any such arbitration maybe entered in a court of competent jurisdiction. This Arbitration Agreement evidences a transaction involving interstate commerce and the Federal Arbitration Act, 9 U.S.C. Sections 1-16, will govern the interpretation, enforcement, and proceedings pursuant to this Arbitration Agreement.
- 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Section 22 by sending written notice of your decision to email@example.com or via customerservice.burnbootcamp.com within 30 days from the date you created your account. You must include your name, contact information, and the email address registered to your account. If you send timely written notice containing the required information, then Section 22 will not apply to either Burn Boot Camp or you. If you do not send such notice in compliance with this provision, you agree you are bound by Section 22.
- Confidentiality. Any and all actions taken under this Arbitration Agreement, including all filings, orders, judgments, and awards made in any arbitration proceeding, are confidential and may not be disclosed to any third party.
- Time Limitation on Claims. Arbitration proceedings must be initiated within one year after any Claim arises; otherwise, the Dispute is permanently barred.
- You may not assign, transfer, or sublicense this Agreement without Burn Boot Camp’s prior written consent, and any such assignment in violation hereof is void. Burn Boot Camp may transfer and assign any of its rights and obligations under this Agreement without consent.
- No agency, partnership, joint venture, or employment relationship is created as a result of this Agreement and you do not have any authority of any kind to bind Burn Boot Camp in any respect whatsoever.
- All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted through your On-Demand user account, by facsimile, or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.
- Waiver and Severability. Waivers of rights, obligations, or breaches may only occur in a signed writing by the waiving party. Any provisions of this Agreement held invalid shall be severed and the remaining provisions shall continue in full force and effect.
- CONTACT US. Please direct any questions and concerns regarding this Agreement to us by email at firstname.lastname@example.org, our Customer Support Portal of customerservice.burnbootcamp.com, or by mail at Kline Franchising, Inc., d/b/a Burn Boot Camp, 17036 Kenton Dr, Cornelius, North Carolina 28031.