Terms & Conditions
Effective January 1, 2020
THE INFORMATION PRESENTED ON THIS WEBSITE IS IN NO WAY INTENDED AS MEDICAL ADVICE OR AS A SUBSTITUTE FOR MEDICAL TREATMENT. THIS INFORMATION SHOULD ONLY BE USED IN CONJUNCTION WITH THE GUIDANCE AND CARE OF YOUR PHYSICIAN. CONSULT YOUR PHYSICIAN BEFORE BEGINNING ANY DIET, NUTRITION, OR FITNESS PLAN OFFERED THROUGH THE WEBSITE. YOUR PHYSICIAN SHOULD ALLOW FOR PROPER FOLLOW-UP VISITS AND INDIVIDUALIZE YOUR DIET, NUTRITION, OR FITNESS PLAN AS APPROPRIATE. NOTHING STATED OR PRESENTED ON THE WEBSITE IS INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER IF YOU HAVE ANY QUESTIONS REGARDING A MEDICAL CONDITION, YOUR DIET, NUTRITIONAL SUPPLEMENTS, AN EXERCISE REGIMEN, OR ANY OTHER MATTER RELATED TO YOUR HEALTH AND WELL-BEING.
Crunch Live is not directed toward children under the age of 13 and we do not knowingly collect information from children under the age of 13 through the Website. If you believe that a child has provided information to us through the Website, please contact us by email at Info@crunchlive.com
LICENSE AND ACCESS SUBSCRIPTION ACCOUNT TRIAL PERIOD If your Crunch Live account is terminated due to a violation of this Agreement, Crunch will not reimburse you for the remainder of paid month. Nor will reimbursements be made for subscriber cancellations that are made outside of the time period indicated in this Agreement. Monthly - Crunch Live monthly subscribers are billed monthly. All monthly subscriptions are renewed automatically until canceled in accordance with the terms set forth herein. Subscribers may cancel their subscription by cancelling 5 days prior to the monthly renewal date in order to avoid Crunch Live charges for the following month. To cancel monthly subscription, click the Cancel Subscription link under My Account. PIF LIMITATION OF LIABILITY INDEMNITY
Crunch grants you a limited license to access the Website. This license is solely for your individual use and may not be trans
You must register as a subscriber by providing a user name, password, and valid email address. You must provide complete and accurate registration information to Crunch Live and notify us if your information changes. You are responsible for maintaining the confidentiality and security of your password and all other account information, and you are fully responsible and liable for all access to and use of Crunch Live that occur under your password or account.
Your Crunch Live subscription may start with a free trial. The free trial period of your subscription lasts for one week, or as otherwise specified during sign-up. Free trials may not be combined with any other offers. You must have Internet access and a current valid, verified and accepted payment method as indicated during sign-up (“Payment Method”), to use our service. If you or another subscriber of your household has been a Crunch Live subscriber within the last 12 months, or if your Payment Method, physical address or email address have been associated with a Crunch Live subscription, or if you are streaming from a Crunch Live ready device that has been previously activated on a different Crunch Live account, you are not eligible to receive a free trial.
Crunch Live PIF subscribers are billed annually. All PIF subscriptions are renewed automatically until canceled in accordance with the terms set forth herein. Subscribers may cancel their subscription by cancelling 5 days prior to the annual renewal date in order to avoid Crunch Live charges for the following year term. A pro-rated refund will occur based on cancellation date and expiration date. To cancel PIF subscription click the Cancel Subscription link under My Account.
To the fullest extent permitted by applicable laws, Crunch will in no event be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from or in connection with any use of the Website and/or the Services, and/or any website with which they are linked, and/or any content, information, products or services accessible through the Website and/or the Services, even if Crunch has been advised of the possibility of such losses or damages. Notwithstanding anything to the contrary contained herein, the aggregate liability of Crunch to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Crunch for Crunch Live Services.
You agree to indemnify, defend, and hold harmless Crunch and its affiliates, directors, officers, employees, and agents, from and against all claims, damages, losses and costs that:
If your Crunch Live account is terminated due to a violation of this Agreement, Crunch will not reimburse you for the remainder of paid month. Nor will reimbursements be made for subscriber cancellations that are made outside of the time period indicated in this Agreement.
Monthly - Crunch Live monthly subscribers are billed monthly. All monthly subscriptions are renewed automatically until canceled in accordance with the terms set forth herein. Subscribers may cancel their subscription by cancelling 5 days prior to the monthly renewal date in order to avoid Crunch Live charges for the following month. To cancel monthly subscription, click the Cancel Subscription link under My Account.
LIMITATION OF LIABILITY
Crunch reserves the right to modify Crunch Live. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to Crunch Live. Crunch has no obligation to screen or monitor any content and does not guarantee that any content available on Crunch Live complies with this Agreement or is suitable for all users.
Crunch provides Crunch Live on an “as is” and “as available” basis. You therefore use Crunch Live at your own risk. Crunch expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, Crunch makes no representations or warranties:
- That Crunch Live will be permitted in your jurisdiction
- That Crunch Live will be uninterrupted or error-free
- Concerning any content submitted by any subscriber
- Concerning any third party’s use of content that you submit that Crunch Live will meet your personal or professional needs
- That Crunch will continue to support any particular feature of Crunch Live. Concerning sites and resources outside of Crunch Live, even if linked to from Crunch Live.
- To the extent that a secondary party may have access to or view Crunch content on your computer or mobile device, you are solely responsible for informing such party of all disclaimers and warnings in this Agreement.
To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used Crunch Live, and no warranties shall apply after such period.
Copyright © Crunch IP Holdings, LLC. All materials and contents contained on the Website (including but not limited to the text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software), and the Website itself, are copyrighted materials belonging exclusively to Crunch, Crunch IP Holdings, LLC, or its content suppliers and are protected by United States and international copyright law. Crunch and Crunch IP Holdings, LLC enforces its copyright interests to the fullest extent permitted under the law, and shall seek civil and criminal remedies where appropriate, including the remedies provided for under sections 501 et seq. of Title 17 of the U.S. Code. All rights are reserved.
HEALTH AND MEDICAL CONCERNS
Crunch Live includes information and instruction relating to exercise and fitness. You acknowledge and agree that the following warnings and disclaimers shall apply to all such information, instruction and services.
Before participating in any exercise program or using any fitness products or services that may be described and/or made accessible in or through Crunch Live, we strongly recommend that you consult with a physician or other healthcare provider. Crunch, its staff and the content-providers are not licensed medical care providers, are not rendering personal medical advice or treatment, and have no expertise in advising on, diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise on a known or unknown medical condition.
Crunch Live services are not intended to be a substitute for professional medical advice, diagnosis, or treatment. You acknowledge and agree that when participating in any exercise or exercise program, and/or when using any fitness products or services, there is the possibility of physical injury and/or death, and you assume the risk and responsibility for any such results.
You should never disregard medical advice or delay seeking it because of a statement you have read on the Website and/or the Services. Crunch Live should not be used in lieu of advice given by qualified medical professionals such as your doctor or registered dietitian. It is important that Crunch Live is used only in conjunction with qualified medical guidance. If you know or suspect that you may be pregnant, have an eating disorder, have diabetes, or have any other physical or medical condition, it is imperative that you seek the advice of your doctor prior to using the Website and/or the Services.
In addition to consulting with your doctor before beginning an exercise or dietary program, keep the following checklist in mind when developing your program in conjunction with your health care provider. Bear in mind that this checklist is not exhaustive and does not take the place of a consultation with your healthcare provider. After exercise:
- Do you frequently experience chest pains?
- Do you get dizzy when you exercise?
- Are you breathless after exercising?
- Do you take medication for high blood pressure?
- Do you have joint problems?
- Do you have a medical condition, which might need special attention when exercising, for example diabetes?
- Have you been physically active in the past?
- Do you have a heart condition that requires supervised physical activity?
If you experience any discomfort or pain during an exercise routine you must immediately cease the activity and seek the assistance of a physician.
Due to the global nature of the Internet, you acknowledge and agree that you are obliged to comply with all applicable laws, rules and regulations regarding the access to and use of Crunch Live. By way of example only, you acknowledge and agree that you are obliged to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside, and that restrictions on access to and/or use of some Site Content may apply to users based on their place of domicile, residence and/or use.
This Agreement shall be governed by the laws of the State of New York, United States of America, without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply.
Any action arising out of or relating to this Agreement or your use of the Crunch Live Service must be commenced in the state or federal courts located in New York County, New York, United States of America (and you consent to the jurisdiction of those courts). In any such action, Crunch and you irrevocably waive any right to a trial by jury.
INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES
Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by Crunch in exercising any right hereunder will waive any further exercise of that right. Crunch’s rights and remedies hereunder are cumulative and not exclusive.
SUCCESSORS; ASSIGNMENT; NO THIRD-PARTY BENEFICIARIES
This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without Crunch’s prior written consent. No third party shall have any rights hereunder.
You consent to receive all communications including notices, agreements, disclosures, or other information from Crunch electronically. Crunch may provide all such communications by email or by posting them on the Crunch Live Site. Nothing herein shall limit Crunch ’s right to object to subpoenas, claims, or other demands.
This Agreement may not be modified except by a revised Terms of Service posted by Crunch on the Crunch Live Site or a written amendment signed by an authorized representative of Crunch. A revised Terms of Service will be effective as of the date it is posted on the Crunch Live Site.
This Agreement constitutes the entire understanding between Crunch and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same.
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