Effective/Updated as of October 1, 2022
THESE TERMS INCLUDE A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER THAT WILL GOVERN ANY CLAIM OR DISPUTE YOU MAY HAVE WITH CRUNCH. YOU WILL FIND THESE PROVISIONS IN SECTION 24: ARBITRATION AND LEGAL DISPUTES.
THE SITE IS AVAILABLE ONLY TO INDIVIDUALS AND ENTITIES THAT CAN FORM LEGALLY BINDING CONTRACTS UNDER APPLICABLE LAW. WITHOUT LIMITING THE FOREGOING, THE SITE AND THE SERVICES (“SERVICES”) OFFERED BY THE SITE ARE NOT AVAILABLE TO MINORS.
1. HEALTH AND MEDICAL CONCERNS.
THE INFORMATION PRESENTED ON THIS SITE 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 SITE. 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 ISSUES.
Crunch+ (also AKA Crunch Plus) 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+, 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+ 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 Site and/or Services. Crunch+ 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+ 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 Site 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.
2. LICENSE AND ACCESS.
Crunch grants you a limited license to access the Site. This license is solely for your individual use and may not be transferred to anyone else. This license does not include any resale or commercial use of the Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. The Site or any portion thereof may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without the express prior written consent of Crunch.
3. SUBSCRIPTION AND PAYMENT TERMS.
You must register as a subscriber by providing a username, password, and valid email address. You must provide complete and accurate registration information to Crunch 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+ that occurs under your password or account. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to Crunch+.
Trial period. Your Crunch+ subscription may start with a free trial. The free trial period of your subscription lasts as 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+ subscriber within the last 12 months, or if your Payment Method, physical address or email address have been associated with a Crunch+ subscription, or if you are streaming from a Crunch+ ready device that has been previously activated on a different Crunch+ account, you are not eligible to receive a free trial.
Monthly. Crunch+ 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+ charges for the following month. To cancel monthly subscription, click the Cancel Subscription link under My Account.
PIF. Crunch+ paid-in-full (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+ 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.
Termination. If your Crunch+ 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.
4. NO UNLAWFUL OR PROHIBITED USE.
As a condition of your use of the Site, you warrant to us that you will not use the Site for any purpose that is unlawful or prohibited by these Terms, conditions, and notices. You will comply with all applicable laws, including but not limited to, privacy laws, intellectual property laws, export control laws, regulatory requirements, etc.
You will use the Site in a professional manner, and you may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party‘s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the Site.
In the event you gain access to information or material not intended to be accessed by you, you agree that you will immediately notify us and destroy all copies of such information in your possession and not forward such information to any third parties. For this notice we may be contacted at firstname.lastname@example.org.
You will not use any robot, spider, other automatic device, or manual process to monitor or copy the Site or the contents or information contained therein.
You will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted through the Site.
You agree that you will not mirror, copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for any information in which you have an ownership interest) from the Site without our prior express written consent or the appropriate third party.
You will not frame, scrape, data-mine, extract, or collect the content of the Site in any form or manner.
You will not provide information to us that contains any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.
You will not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers.
5. USE OF COMMUNICATION SERVICES.
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or within a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Site or another‘s computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
Note that we have no obligation to monitor the Communication Services. However, we reserve the right in our sole discretion to review all activity and materials related to the Communication Services and to stop activity and remove any materials at any time, for any reason, without notice to you. We also reserve the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Further, we reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Crunch does not control or endorse the content, messages or information found in any Communication Service and, therefore, Crunch specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Crunch spokespersons, and their views do not necessarily reflect those of Crunch.
6. INFORMATION PROVIDED TO CRUNCH OR POSTED AT ANY CRUNCH SITE.
We are under no obligation to post or use any Submission you may provide and may in our sole discretion remove any Submission at any time, for any reason, without notice to you.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
We do not control the information provided by other users which is made available through the Site. You may find another user‘s information to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using the Site. Please note that there are also risks of dealing with people acting under false pretense.
7. LINKS TO THIRD PARTY SITES.
The Site may contain links to other web sites ("Linked Sites"). The Linked Sites are not under our control, and we are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. By providing these links, we do not endorse, sponsor or recommend such sites or the materials disseminated by, or services provided by them, and are not responsible for the materials, services or other situations at or related to or from any other site. We are not responsible for webcasting, or any other form of transmission received from any Linked Site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the site or any association with its operators. We reserve the right to disable links from any third-party sites to the Site.
Please exercise discretion while browsing the Internet and using the Site. You should be aware that when you are using the Site, you could be directed to other sites that are beyond our control. There are links to other sites from the Site pages that take you outside of the Site. For example, if you "click" on a banner advertisement or a search result, the "click" may take you off the Site. This includes links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding agreement. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. In addition, advertisers on the Site may send cookies to users that we do not control.
To the extent we list or link to third party products or services, our Site acts as the venue for suppliers to sell products and services (or, as appropriate, solicit offers to buy) and buyers to purchase such products and services. We are not involved in the actual transaction between buyers and suppliers. As a result, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of suppliers to sell items or the ability of buyers to buy items. We cannot ensure that a buyer or supplier will actually complete a transaction. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against with respect to such sites and third-party content.
8. LINKS TO THIRD PARTY INTEGRATIONS.
We may provide links to third party integrations. Third party integrations are websites or platforms that synchronize with our Site to provide you with additional functionality, tools, or services.
You acknowledge and agree we are not responsible for the availability of such sites or resources and do not endorse and are not responsible or liable for any content, advertising, goods, services, or other materials on, available through, or provided by such sites or resources.
We are not responsible for the privacy or other practices of such sites and cannot guarantee the security of any of your personal information that you provide or is collected by such sites. We encourage you to review the privacy policies and terms and conditions on those linked sites.
9. DISCLAIMERS AND LIMITATION OF LIABILITY.
Crunch provides Crunch+ on an “as is” and “as available” basis. You therefore use Crunch+ at your own risk.
Crunch makes no representations or warranties that Crunch+ will be permitted in your jurisdiction; that Crunch+ will meet your personal or professional needs; or that Crunch+ will continue to support any particular feature of Crunch+.
The Site and the materials located on or through the Site are provided by us for informational purposes only, with the understanding that we are by the provision of these materials not engaged in the rendering of legal, financial, medical, or other professional advice or service. The information or materials contained in or through the Site are based upon sources believed to be accurate and reliable; however, we make no representation or warranty as to the accuracy, completeness or timeliness of the information or materials.
The information and material on this Site should not be relied upon or used as a basis for making significant decisions without consulting primary or more accurate, more complete or timelier sources of information. Any reliance on the information or material on this Site is at your own risk. ADVICE RECEIVED VIA THE SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, LEGAL, MEDICAL, HEALTH OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES, TYPOGRAPHICAL ERRORS, OR OMISSIONS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. WE MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. WE ARE NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL, PHOTOGRAPHIC, TECHNICAL OR PRICING ERRORS LISTED ON OUR SITE.
WE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND.
TO THE MAXIMUM EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, DESIGN, ACCURACY, CAPABILITY, SUFFICIENCY, SUITABILITY, CAPACITY, COMPLETENESS, AVAILABILITY, COMPATIBILITY OR ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
You agree that we are not responsible or liable in any way for injury, loss or damage to your computer or interception or use of credit card information, related to or resulting from use of the Site or any sites, services or materials linked or related thereto or therefrom and also are not responsible or liable in any way for any injury, loss, claim or damage relating to or resulting from any part of the Site operating or not operating on computers or networks used by you or communicating with such computers or networks.
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 that you access external websites through our Site, or through a link on our Site for the purpose of payment processing, those entities may have their own terms, conditions, privacy policies, data collection, and use and disclosure practices.
11. ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 U.S.C. 2701-2711).
We make no guaranty of confidentiality or privacy of any communication or information transmitted on the site or any web site linked to the site. We will not be liable for the privacy of the information, e-mail addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other content transmitted over networks accessed by the site, or otherwise connected with your use of the site.
12. PRODUCT DESCRIPTIONS.
Although we intend that product and service descriptions contained in the Site be current and accurate, we make no warranty or representation that descriptions in the Site are accurate, complete, current, or reliable in any or all respects.
13. RIGHT TO CANCEL ORDERS.
We reserve the right to cancel or modify purchases, order for services, subscription or account, or enrollment in activities and promotions when we reasonably believe that a customer has engaged in fraudulent or inappropriate activity or under other circumstances where it appears that the purchases or orders contain or resulted from a mistake or error or if you violate any provision of these Terms, the [user agreement], or any other posted policy on the Site.
14. AVAILABILITY OF PRODUCTS AND SERVICES.
The products and/or services described in and available through the Site may not be available in your country. We make no representation that the services or products offered in the Site are appropriate or available for use in any particular location. Those who choose to access the Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
If use of the Site and/or viewing or use of any material or content therein or services offered thereby violates or infringes any applicable law in your jurisdiction(s), you are not authorized to view or use the Site and must exit immediately. Your viewing and/or use of the Site constitutes your representation that you are unconditionally and without limitation permitted to view and use the Site and Crunch and its affiliates, and their owners, partners, franchisees, subsidiaries, officers, each of such person‘s or entities‘ directors, employees, contractors, agents, licensors and suppliers (collectively, the "Indemnified Parties”) may rely upon such representation.
The Site is operated from the United States, and it is possible that some software from the Site or the products and services offered on the Site may be subject to United States export controls. Products and services described on the Site and software downloaded or otherwise exported or re-exported from the Site are not intended for sale, download or export (i) into (or to a national or resident of any country that is subject to a U.S. or U.N. embargo or sanction or to anyone on the US Treasury Department‘s list of Specially Designated Nationals or anyone subject to the same or similar restrictions even if not listed or the US Commerce Department‘s Table of Deny Orders. downloading or using the software, products or services, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any of the above restricted lists or subject to such restrictions.
15. DMCA NOTICES.
We comply with the applicable provisions of the Digital Millennium Copyright Act (DMCA). If you have a concern regarding the use of copyrighted material on the Site, please send a notice to the agent designated below and following the instructions that follow:
Designated Agent contact information: Crunchplus@crunch.com
Your notice must comply with the applicable provisions of the DMCA. In addition to submitting the notice in writing (written letter or email), the notice must contain the following:
· A physical or electronic signature of the copyright holder or a person authorized to act on his or her behalf;
· A description of the copyrighted work claimed to have been infringed and multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
· A description of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit the service provider to locate the material;
· Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail address;
· A statement that you have a good faith belief that use of the material 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 you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
16. COPYRIGHT AND TRADEMARK NOTICES.
All materials and content contained on the Site (including but not limited to the text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software), and the Site itself, are copyrighted materials belonging exclusively to Crunch 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.
The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Site are registered and unregistered Trademarks of the administrator(s) of the Site and others. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Sites without our written permission or the permission of such third party that may own the Trademarks displayed on the Sites. All contents of the Site are: Crunch IP Holdings, LLC., All rights reserved. Any rights not expressly granted herein are reserved.
You agree to indemnify, defend and hold harmless the Crunch and its affiliates, and their owners, partners, franchisees, subsidiaries, officers, each of such person‘s or entities‘ directors, employees, contractors, agents, licensors and suppliers (collectively, the "Indemnified Parties"), from and against any and all allegations, demands, claims, liabilities, damages, fines, losses, expenses, penalties or costs of whatsoever nature, including reasonable attorneys’ fees and court costs, and whether by reason of death of or injury to any person or loss of or damage to any property or otherwise ("Claims") arising or resulting in any way from any violation of these Terms, your use or activity on the Site, the Services or products provided to you by Crunch through the Site or any related act or failure to act by you and whether or not occasioned or contributed to by the negligence of the Crunch or any agent or employee of the Indemnified Parties or any of them (except as and to the extent prohibited by applicable law) or Claims arising from your account, including, without limitation, any Claims related to infringement by you of the intellectual property rights of any person, including without limitation, copyright, patent, trade secret, trade mark, artist rights, droit moral, privacy, publicity or rights under other intellectual property laws.
Without limiting the foregoing, if you cause a technical disruption of the Site or the systems transmitting the Site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption. In the event that any Claim is made or any action or proceeding is brought against the Indemnified Parties, or any of them, arising out of or connected with the Terms, any such Indemnified Party may, by reasonable notice to you, require you, at your expense, to resist such Claim or take over the defense of any such action or proceeding and employ counsel for such purpose, such counsel to be subject to the prior written approval of such Indemnified Party, which approval shall be deemed to have been given hereby in the case of counsel acting for your insurance underwriters engaged in such resistance or defense. You shall cooperate with us in the defense of any Claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you
18. TERMINATION/ACCESS RESTRICTION.
We reserve the right, in our sole and absolutely discretion, to terminate your access to the Site and the related services or any portion thereof at any time, for any reason, without notice to you. This includes but is not limited to instances where you may show disregard for the Terms or act in an unacceptable manner, with the intent to annoy, abuse, threaten, or harass any other person, or in any other disruptive manner. We also reserve the right to refuse service, terminate accounts, remove or edit content or cancel orders in our sole and absolute discretion.
19. RIGHT TO CANCEL OR SUSPEND USE OF SITE.
If for any reason any portion of the Site is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond our reasonable control which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Site, we reserve the right (but not the obligation) in our sole and absolute discretion, to prohibit you and any other individual or entity from using the Site, and to cancel, terminate, modify or suspend the Site or any portion thereof and void such information.
20. INTERNATIONAL USE.
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+. 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.
21. ARBITRATION AND WAIVER OF CLASS ACTION.
EXCEPT AS THE TERMS OTHERWISE PROVIDE, YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND CRUNCH WILL BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION AND THAT YOU WAIVE YOUR RIGHT TO BRING OR PARTICPIATE IN ANY CLASS, COLLECTIVE, OR OTHER REPRESENTATIVE ACTION.
ARBITRATION. Any dispute, controversy or claim between you and Crunch, its agents, employees, officers, directors, principals, successors, assigns, subsidiaries or affiliates (collectively for purposes of this section, ‘Crunch‘) arising out of or relating to these Terms, the Site or Services (collectively “Dispute”) shall be settled by final and binding arbitration.
Any arbitration will be held before a single neutral arbitrator and will be governed by the Consumer Arbitration Rules and the Consumer Due Process Protocol (collectively, "AAA Rules") of the American Arbitration Association ("AAA") as currently in effect, and as modified by these Terms, and will be administered by the AAA. You can find the AAA Rules online at https://www.adr.org/consumer or you can call the AAA at 800-778-7879, or write them at American Arbitration Association Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043 (the “AAA Notice Address”). All Disputes shall be governed by the laws of the State of New York, without regard to principles of conflict of laws.
If there is a conflict between the AAA Rules and this arbitration clause and, the arbitrator shall resolve such conflicts so as to preserve the parties’ mutual obligation to arbitrate claims on an individual basis.
Process. You agree to first try to resolve the Dispute informally by contacting us in writing at Crunchplus@crunch.com. If the Dispute is not resolve within 60 days of submission, you agree that you or Crunch may initiate arbitration.
Notwithstanding the foregoing, in lieu of arbitration:
(1) you or Crunch may assert a claim in small claims court in the United States if your claim qualifies, provided that it is brought and maintained solely as an individual claim; and
(2) you or Crunch may assert a claim in court to enjoin infringement or other misuse of intellectual property rights.
The arbitrator shall have sole authority to and shall address all claims or arguments by both parties, concerning the formation, legality, and enforceability of this arbitration clause, the scope of this arbitration clause, and the arbitrability of any claim or issue arising between you and Crunch.
To initiate the arbitration process, send a letter to the AAA and to Crunch, LLC-386 Park Ave South, Floor 15, New York, NY 10016 with a request for arbitration and a description of your claim. You may also send a copy to the AAA online at https://www.adr.org.
The AAA‘s rules govern payment of all filing, administration, and arbitrator fees. Each party shall bear its own costs and expenses and an equal share of the arbitrators‘ and administrative fees of arbitration.
Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.
JURY TRIAL AND CLASS ACTION WAIVER. Except as the Terms otherwise provide, you waive the right to a trial by jury and to the litigation of disputes in state or federal courts of general jurisdiction. You also agree that you may only resolve Disputes with Crunch on an individual basis and may not assert a claim as a plaintiff or a class member in a class action, class-wide arbitration, consolidated or representative action and expressly waive your right to file a class action or seek relief on a class basis.
The arbitrator may award declaratory or injunctive relief to you only on an individual basis and only to the extent necessary to provide relief warranted by the individual claim. Other rights that you would have if you went to court, such as access to discovery, also may be unavailable or limited in arbitration.
Other. To the extent that any other provision of the Terms is found to be inconsistent with rights, duties, and requirements of this arbitration clause, or where the application of such a provision would change or render unenforceable any part of this arbitration clause, such provision shall be null and void and the terms of this arbitration clause shall control.
23. DELETING YOUR ACCOUNT. For instructions for deleting your account, please contact: email@example.com
24. GENERAL TERMS. The following general terms apply to you and your use of the Site:
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or use of the Site.
Our performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by us with respect to such use.
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect.
The provisions of the Disclaimer and Limitation of Liability, Indemnification, Arbitration and Waiver of Class Action sections, together with and any other rights and obligations which by their nature are reasonably intended to survive such termination, will survive any termination of these Terms.
Unless otherwise specified herein or agreed to by the user, these Terms constitute the entire agreement between the user and Crunch with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Crunch with respect to the Site. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
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.
25. MODIFICATION OF THESE TERMS.
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+ Site. Nothing herein shall limit Crunch ’s right to object to subpoenas, claims, or other demands.
27. HOW TO CONTACT US.
If you have any questions regarding this Policy, your privacy, or our policies in the event of a compromise of your information, you may contact us at: firstname.lastname@example.org