BURN BOOT CAMP ON DEMAND SERVICE TERMS OF USE

Last Updated: May 1, 2020 

Kline Franchising LLC, d/b/a Burn Boot Camp™ (“Burn Boot Camp”) offers this Burn Boot Camp On-Demand Service (“Service”) powered by UScreen to its subscribers under a Subscription Services Agreement.  (“Subscription Agreement”)  Subscribers in good standing may access and use the Service, provided that they comply with these Terms of Use (“Terms”). 

By accessing or using the Service, you agree that you have read and understand these Terms and the Burn Boot Camp On-Demand Privacy Policy (“Privacy Policy”).  If you do not agree with these Terms, do not access or use the Service.

Burn Boot Camp may change these Terms at any time in its sole discretion. All changes will be effective immediately upon posting to these Terms.  By accessing and using the Service after such changes are posted, you agree to comply with the revised Terms.  Material changes will be conspicuously posted at the top of these Terms.

ARBITRATION NOTICE:  These Terms contain a binding arbitration provision. You agree that, except for certain types of disputes described in the arbitration provision below, all disputes between you and Burn Boot Camp will be resolved by mandatory binding arbitration and you waive any right to participate in a class action lawsuit or class-wide arbitration with regard to any dispute.

1. BURN BOOT CAMP ON DEMAND PRIVACY POLICY

We may collect certain information about you when you access and use the Service.  The Privacy Policy describes the types of information we collect, and how we use, process and store that information, including personal information.

2. ACCESS TO AND USE OF THE SERVICE

The Service is available on three platforms:  (1) as a downloadable application for use on mobile devices (2) as a downloadable application for use with a smart television or other smart device; and (3) as a software-as-a-service accessible using an internet browser. 

To access and use the Service, you need to enter into a Subscription Agreement and maintain an active account and enter credit card information.  While you have an active Subscription, Burn Boot Camp grants you (a) a limited, non-exclusive license to access and use the mobile device App and the smart television or smart device app and (b) a limited non-exclusive right to use the on-line version of the Service for your own personal and non-commercial purposes.

YOU MUST BE EIGHTEEN (18) YEARS OR THE AGE OF MAJORITY IN YOUR STATE OF RESIDENCE TO PURCHASE A SUBSCRIPTION AND USE THE SERVICE.  IF YOU ARE UNDER EIGHTEEN (18) YEARS OF AGE, YOU ARE NOT PERMITTED TO ACCESS, SUBSCRIBE, OR USE THE SERVICE OR ITS CONTENT.

We provide you access to Service only as a conduit for using the Service and viewing its Content.

3. COMPLIANCE WITH LAWS

When you access and use Service, you are responsible for complying with all applicable laws, regulations, and policies of all relevant jurisdictions.

4. LIMITATIONS  ON USE OF THE SERVICE

  • Personal Use.  You may use the Service for your own personal noncommercial use
  • Co-Brands.  You may not authorize any third party to:  (a) co-brand the Service, (b) frame the Service, or (c) hyperlink to the Service except as expressly permitted by these Terms, without the express prior written permission of Burn Boot Camp.
  • No Copying or Reverse Engineering.  You may not copy, reproduce, display, duplicate, sell, publish, post, license, rent, distribute, modify, translate, adapt, reverse-engineer, or create derivative works of the Service without Burn Boot Camp’s prior written consent.
  • Compliance with Law.  You may not use the Service for any unlawful purpose.
  • Accurate Information.  You warrant that all information you provide to us in connection with your access to and use of the Service is true and accurate and agree to keep that information up-to-date at all times.  You may not submit inaccurate, incomplete, false, or out-of-date information through the Service.
  • Fraud or Reputational Harm. You may not use the Service to commit fraud or falsify information in connection with your use of the Service, or take actions which could harm the business interests or reputation of Burn Boot Camp.
  • No Data Mining.  You may not engage in data mining or similar data gathering or extraction activities or retrieve data or other Content from the Service for any commercial purpose.
  • No Scraping.  You may not access, use, or copy any portion of the Service, including any of its Content, through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms.
  • No Malware.  You may not use the Service to introduce or transmit any information, data or material that contains any viruses, ransomware or other malware.
  • No Interference with the Service.  You may not engage in activities that are designed to or render the Service inoperable or to make its use more difficult.

5. OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS

The Service consists of:  (a) the Applications provided in order to use the Service, (b) any and all software (in source code and object code form), application programming interfaces, features, functionalities, user interfaces, configurations, and the look and feel of the Service and the Applications, and (c) the Content. 

“Content” means all text, audio, video, graphics, charts, photographs, data, trademarks, logos, slogans, names of products and services, documentation, and all other related matters accessible using the Service. 

Burn Boot Camp exclusively owns or has the license rights necessary to provide you access to the Service and the Content.  In addition, Burn Boot Camp owns or has all license rights in all patents, trademarks, copyrights, trade secrets of any other intellectual property rights in the Service and Content.

You may not copy, distribute, republish, upload post, or transmit any Content without the prior written consent of Burn Boot Camp.  We do not transfer title nor intellectual property rights in the Service or the Content to you when you access and use the Service.

All trademarks, service marks, and logos appearing in or on the Service are the property of Burn Boot Camp or, as applicable, its suppliers or licensors.  Burn Boot Camp and its suppliers and licensors retain all rights with respect to their respective trademarks, service marks, and logos appearing in or on the Service or in any Content.

Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property belonging to Burn Boot Camp or any third party is strictly prohibited and may be prosecuted to the full extent of the law.  Any references to third-party trademarks or copies of third-party copyrighted material contained in the Service are the property of their respective owners.

6. LINKS TO AFFILIATE AND THIRD-PARTY SITES

The Service contains links to both affiliate and third party websites outside of the Service.  These links allow you to visit other websites where you can purchase certain goods and services.  Your use of those third-party websites is subject to the terms of each such linked website and not to the terms of this Service.  WE HAVE NO RESPONSIBILITY OR LIABILITY TO YOU FOR SUCH PURCHASES AND WE ARE NOT A PARTY TO ANY SALE OR TRANSACTION ARISING FROM ANY SUCH PURCHASES, EVEN IF THEY RELATE TO AN AFFILIATE WEBSITE. 

7. USER-GENERATED CONTENT

You may be able to post comments when you use the Service. (“User-Generated Content”).  We do not generate or control the User-Generated Content.  We are not responsible for any User-Generated Content.  You are responsible for all User-Generated Content that you provide and for the legality, originality, and appropriateness of such User-Generated Content.

User-Generated Content that you provide may be publicly available via the Service.  You agree to maintain a polite, pleasant, and respectful environment when using the Service.  User-Generated Content that is defamatory, indecent, pornographic, obscene, or otherwise objectionable or harmful is prohibited.  You will not create a false identity, hide your true identity, or impersonate or represent any person other than yourself when positing comments. You will not provide any other person’s private or confidential information without that person’s permission.

User-Generated Content is not monitored by Burn Boot Camp, but Burn Boot Camp reserves the right, but does not have the obligation, to, at any time and for any reason, review, prescreen, edit, redact, otherwise modify, delete, reorganize, recategorize, or restrict your access to User-Generated Content at any time and for any reason.

User-Generated Content (even if deleted or replaced) may remain available to others and in our back-up systems for an indefinite amount of time.

If you provide User-Generated Content, you grant to Burn Boot Camp a perpetual, royalty free, worldwide, assignable, sublicensable license to use that User-Generated Content in for any purpose and in any and all forms, media, technologies, and distribution methods now known or later developed

Burn Boot Camp will not treat any User-Generated Content as confidential, and may use any User-Generated Content in its business (including, without limitation, for products and advertising) without incurring any liability for royalties or any other consideration of any kind and without compensation paid to you and Burn Boot Camp will not incur any liability as a result of any similarities that may appear in future Burn Boot Camp operations.

8. COPYRIGHT POLICY

We respect the intellectual property rights of others and we ask our subscribers to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512, and other applicable laws, we strive to expeditiously remove any infringing material from the Service if we become aware of that infringing material.  If you believe that anything in the Service infringes any copyright that you own or control, please provide our designated agent with a notice that contains the following information:

  • A description of the copyrighted work(s) that you claim have been infringed;
  • A description of the allegedly infringing material, including its location on the Site;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • Your email address, telephone number, and mailing address;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf; and
  • An electronic or physical signature of a person authorized to act on behalf of the copyright owner.

Burn Boot Camp, LLC / Kline Franchising, LLC

DMCA Agent

17036 Kenton Dr, Cornelius, NC 28031

dmcaagent@burnbootcamp.com

9. CHANGES TO SERVICE

Burn Boot Camp may change the Service and the Content at any time without notice.

10. NO WARRANTY; WARRANTY DISCLAIMERS

BURN BOOT CAMP PROVIDES THE SERVICE ON AN “AS IS,” AND “AS AVAILABLE,” BASIS, WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BURN BOOT CAMP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AS WELL AS ANY ARISING FROM A COURSE OF DEALING OR USAGE IN TRADE.

BURN BOOT CAMP DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE VIDEO ON DEMAND SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR CONDITIONS. BURN BOOT CAMP DOES NOT WARRANT THE QUALITY, COMPLETENESS, TIMELINESS, OR AVAILABILITY OF THE SERVICE.  BURN BOOT CAMP DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS AND BURN BOOT CAMP MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME.

YOU UNDERSTAND THAT BURN BOOT CAMP CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. BURN BOOT CAMP DOES NOT ASSUME ANY RESPONSIBILITY OR RISK FOR YOUR USE OF THE INTERNET.

BURN BOOT CAMP DOES NOT UNDERTAKE ANY OBLIGATION TO UPDATE THE CONTENT AFTER IT IS POSTED OR TO REMOVE SUCH CONTENT INFORMATION FROM THE SERVICE IF IT IS NOT, OR IS NO LONGER, ACCURATE OR COMPLETE.

WE DO NOT WARRANT OR ENDORSE ANY USER-GENERATED CONTENT.  ALL USER-GENERATED CONTENT IS SOLELY THE RESPONSIBILITY OF THE PERSON WHO PROVIDED THAT USER-GENERATED CONTENT.

WE MAKE NO REPRESENTATION THAT THE SERVICE IS APPROPRIATE OR AVAILABLE FOR USE IN LOCATIONS OTHER THAN THE UNITED STATES.  IF YOU CHOOSE TO ACCESS OR USE THE SERVICE FROM LOCATIONS OTHER THAN THE UNITED STATES, YOU DO SO AT YOUR OWN RISK.

IF YOU ARE A NEW JERSEY RESIDENT, SOME OF THESE PROVISIONS MAY NOT APPLY TO YOU.

11. NO MEDICAL ADVICE

BURN BOOT CAMP DOES NOT PROVIDE MEDICAL OR PHYSICAL THERAPY SERVICES.  THE SERVICE AND THE CONTENT WE PROVIDE ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.  CONSULT YOUR PHYSICIAN BEFORE YOU START A FITNESS OR EXERCISE PROGRAM.

YOU USE THE SERVICE AT YOUR OWN RISK AND YOU, ALONE, ARE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, MOBILE DEVICE, SOFTWARE, SYSTEMS, AND NETWORKS, ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF THE SERVICE.

NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED BY YOU FROM BURN BOOT CAMP OR IN ANY MANNER FROM BURN BOOT CAMP ON DEMAND CREATES ANY WARRANTY.

WE ARE NOT RESPONSIBLE FOR ANY INJURY, HARM OR DEATH WHICH MAY RESULT FROM YOUR USE OF THE SERVICES OR CONTENT, INCLUDING IF SUCH INJURY, HARM OR DEATH RESULTS FROM YOUR WORK OUTS USING THE SERVICE.

IF YOU ARE A NEW JERSEY RESIDENT, SOME OF THESE PROVISIONS MAY NOT APPLY TO YOU.

12. LIMITATION OF LIABILITY

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, OR OTHER DAMAGES OR LOSSES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE SERVICE, THE CONTENT OR PRODUCTS MADE AVAILABLE THROUGH THE SERVICE, OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICE OR THE CONTENT, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF A BURN BOOT CAMP PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, WHETHER THE CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE. YOU, AND NOT BURN BOOT CAMP, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE SERVICE. YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP ACCESSING AND USING BURN BOOT CAMP ON DEMAND.

WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF BURN BOOT CAMP PARTIES TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED $100, EVEN IF THIS REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

IF YOU ARE A NEW JERSEY RESIDENT PORTIONS OF THIS PROVISION RELATED TO THE LIMITATION OF LIABILITY ARE NOT APPLICABLE TO YOU.

13. INDEMNITY

You will indemnify, defend, and hold harmless the Burn Boot Camp Parties from and against all losses, claims, liabilities, demands, complaints, actions, damages, judgments, settlements, fines, penalties, expenses, and costs (including, without limitation, reasonable attorneys’ fees) that arise out of or in connection with (a) your access to or use of the Services, (b) any breach of these Terms by you, including any use of Content other than as expressly authorized in these Terms, (c) your misuse of any material, data, or other information downloaded or otherwise obtained from use of the Service, or (d) your submission of User-Generated Content.  We reserve, and you grant to us, 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.  If you are a New Jersey resident, some portions of this section may not apply to you. 

14. NOTICE TO NEW JERSEY RESIDENTS

Under New Jersey law, certain provisions in these Terms do not apply to New Jersey consumer.  No provision in these Terms shall apply to any consumer in New Jersey, if it limits:  (a) claims for negligence; (b) product liability claims, (c) the right to seek punitive damages, (d) rights under the New Jersey Uniform Commercial Code or (e) claims for failure to reasonably protect against harm arising from certain criminal acts of third parties.  With respect to these Terms, the provisions concerning the exclusion or limitation of certain damages is not applicable in New Jersey with respect to statutory damages, punitive damages, loss of data, and loss of or damage to property.

15. FEEDBACK

Burn Boot Camp welcomes comments regarding the Service. If you submit comments or feedback to us regarding the Service, they will not be considered or treated as confidential. We may use any comments and feedback that you send us in our discretion and without attribution or compensation to you.

16. ASSIGNMENT

We may assign our rights and delegate our duties under these Terms at any time to any party without notice to you.  You may not assign your rights or delegate your duties under these Terms without our prior written consent.

17. GOVERNING LAW

These Terms are governed by and interpreted pursuant to the laws of North Carolina, United States of America, without regard for its principles of conflict of law. The parties agree that the exclusive venue for any dispute between the parties arising out of these Terms or pertaining to the subject matter of these Terms 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 these Terms 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.

18. ARBITRATION AGREEMENT; CLASS WAIVER; WAIVER OF TRIAL BY JURY

Please read the following paragraphs carefully because they require you to arbitrate disputes with Burn Boot Camp and limit the manner in which you can seek relief from us.

Applicability. Any dispute, claim, or controversy arising out of or relating to the Service or these Terms, including the breach, termination, enforcement, interpretation, or validity of these Terms (together, “Disputes”), will be submitted to and resolved by binding arbitration on an individual basis as described in these Terms (this “Arbitration 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.

This Arbitration Agreement applies to you, the Burn Boot Camp Parties, their respective predecessors in interest, successors in interest, and assigns, and any subscribers or authorized or unauthorized users of the Service.

Arbitrator. 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.  Any arbitration proceeding may not be consolidated or joined with any other proceeding and will not proceed as a class action. The parties understand that they would have had a right or opportunity to litigate Disputes 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 Disputes decided through individual arbitration.

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.

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 Dispute arises; otherwise, the Dispute is permanently barred.

19. INTERPRETATION

These Terms, including the Burn Boot Camp On Demand Privacy Policy and Subscription Agreement, constitute the entire agreement between you and Burn Boot Camp relating to your access to and use of the Service.  Burn Boot Camp’s failure to enforce any provision of these Terms will not constitute a waiver of that provision or any other provision.  Any waiver of any provision of these Terms will be effective only if in writing and signed by Burn Boot Camp.  If any part of these Terms is held unlawful, void or unenforceable, that part will be severed from the remaining provision and the remaining provisions will remain in full force and effect.  The headings in these Terms are for convenience only and do not affect the interpretation of these Terms.  These Terms inure to the benefit of Burn Boot Camp’s successors and assigns.

20. SURVIVAL

Any provisions of these Terms that are intended to survive termination (including any provisions regarding indemnification, limitation of our liability, or dispute resolution) will continue in effect beyond any termination of these Terms or of your access to or use of the Service.

21. ELECTRONIC COMMUNICATIONS

These Terms and any other documentation, agreements, notices, or communications between you and Burn Boot Camp may be provided to you electronically to the extent permissible by law.  Please print or otherwise save a copy of all documentation, agreements, notices, and other communications for your reference.

22. CONTACT US

Please direct any questions and concerns regarding these Terms to us by email at customerservice@burnbootcamp.com, or by mail at Kline Franchising, Inc., d/b/a Burn Boot Camp, 17036 Kenton Dr, Cornelius, North Carolina 28031.