CONTEST RULES AND TERMS
(Last Updated December 5, 2020)
IMPORTANT LEGAL NOTICE REGARDING
APPLE INC. OR GOOGLE ARE IN NO WAY INVOLVED WITH ANY CHALLENGE OR CONTEST THAT IS PROVIDED BY PAIDWORKOUT
You must be at least eighteen (18) years of age to open an account, participate in challenges, or win prizes offered by the Website the mobile applications or the Services. In jurisdictions, territories, and locations where the minimum age for permissible use of the Website or the mobile applications is greater than eighteen (18) years old, you must meet the age requirement in your local jurisdiction or territory. You must be at least nineteen (19) years of age at time of account creation if you are a legal resident of Nebraska or Alabama. You agree to abide by all applicable laws in the jurisdiction where you are located while using the Website and mobile applications. Legal residents of Canada are eligible to open an account and participate in challenges offered by the Website. Residents of Quebec, Canada are ineligible to sign-up to PaidWorkout.
If any deposit is charged back any winnings generated from PaidWorkout challenges shall be invalidated, forfeited and deducted from your Account balance. In addition, the amount of the initial deposit will be invalidated, forfeited and deducted from the Account balance. PaidWorkout reserves the right to close your account – without notice – shall a deposit be charged back.
PaidWorkout may create Private Challenges for cash or other prizes and such Challenges may be open to only a select group of Authorized Account Holder. A “Private Challenge” is one that is not listed on the mobile applications or Website for all users but only for a select group of users.
Users will be able to visit the Website and the mobile applications and view the fitness challenges available for entry (the “Challenges”). Each Challenge that is not free to enter has an entry fee listed in US dollars. When you select to participate in a Challenge and complete the entry process, the listed amount of US dollars will be debited from your PaidWorkout Wallet.
The details of each Challenge will be stated when you sign-up to that challenge. PaidWorkout will provide the number of prizes to be won and the amount of each prize. Generally, Challenges will run for 7 days and commence at 12:01 AM EST; Challenge start times will be stated when you join a Challenge or you will see a count-down timer in the leader board section of the Website or mobile applications.
For a Challenge created by a user (a “Friends Challenge”), the user who sets-up the Friends Challenge (the “Group Administrator”) will not have to pay a fee for joining this Friends Challenge and may, in addition, for Friends Challenges that have more than 20 users, receive up to 10% of the total amount contributed by all paying participants for their efforts in organizing the Friends Challenge. The actual dollar amount of each prize in a Friends Challenge will only be determined on the start time of such Challenge due to the fact that your friends must accept the challenge. The payout prizes will be an estimate until the Friends Challenge begins. You hereby acknowledge that a user will get compensated for administering and creating a Friends Challenge.
Deposits made will appear on your statement as PAIDWORKOUT. All payments are final. No refunds will be issued. In the event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed submitted by the person in whose name the account was registered.
Customers depositing funds using a credit card in some states may see a charge on their credit card statement labeled “international transaction fee” or similar description. PaidWorkout processing credit card payments for PaidWorkout in certain states may operate outside the United States and may impose fees for international transactions.
If you are charged this international transaction fee to deposit funds into your PaidWorkout account, you may contact PaidWorkout at support@PaidWorkout.com and request a full reimbursement of the international transaction fee. To process your reimbursement request, PaidWorkout will need the following information: (i) original transaction date and amount deposited; (ii) the amount(s) of the fee(s) assessed on such deposited amount; (iii) date(s) such fee(s) was/were assessed; and (iv) a copy of your credit card statement showing such fee(s). PaidWorkout reserves the right to request additional information to process your request. PaidWorkout will review your submission and if PaidWorkout determines that you have been charged the international transaction fee as a result of depositing funds into your PaidWorkout account, PaidWorkout will credit such amount back to your Account.
PAYMENTS AND AUTO-PAYMENTS
The listed Challenge fee is prior to any sales taxes that may be imposed by a state or federal authority. If sales taxes are eligible on a Challenge fee, we will add these taxes to the Challenge fee and deduct them from your Wallet.
As a user of PaidWorkout you are placed in your weekly Challenge home group where you compete with individuals who have identified themselves as being at the same level of physical activity and within the same age bracket and sex as you (your “Home Group”). Once you join a Home Group you are automatically placed in a new Home Group each week thereafter until your cancel your Account. When you are placed in a Home Group after your first week, the amount of the Home Group Challenge will be automatically deducted from your Wallet. If you have insufficient funds in your Wallet, we will let you know and if you fail to refill your Wallet by the start of the next Home Group Challenge you will be removed from the group and not be able to participate in the Challenge. When you sign-up for your first Home Group you will be asked to fill your Wallet with a specific amount of money; when your Wallet falls below $5.00 we will automatically refill your Wallet with the amount your originally chose (e.g. if you originally filled your wallet with $20, when you balance falls below $5 we will refill your Wallet with an additional $20). By signing up for a Home Group, you acknowledge that your consent to the recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your Account by you or PaidWorkout. To change or terminate your auto-refill settings, go to your My Account settings on your mobile application or at http://paidworkout.com/login or contact Member Support at 1-855-724-3975.
Other Offers. PaidWorkout may offer additional promotions or discounts related to Memberships from time to time. Please read the details of those offers carefully, as any additional terms presented to you during the signup process will form part of these Membership Terms. Unless specified in writing, all discount offers that require a payment are non-refundable. Any free trial or other promotion must be used within the specified time frame of the trial or promotion. You may be required to have a valid payment method on file in order to initiate a free trial; in this case, if you do not cancel before your free trial period ends, your account will be converted to a paid Membership and will be charged in accordance with these Membership Terms.
Your authorizations in this agreement also apply to our payment processors and any other companies who act as billing agents for us. You hereby authorize us to charge your specified payment method on a single basis and/or recurring basis. You authorize the issuer of your selected payment method to pay any amounts described herein without requiring a signed receipt, and you agree that these Terms and Conditions shall be accepted as authorization to the issuer of the payment method to pay any amounts described herein, without requiring a signed receipt from you. You authorize us to continue to attempt to charge and/or place holds with respect to all sums described herein, or any portion thereof, to your payment method until such amounts are paid in full. You agree to provide updated payment information upon request and any time the information you previously provided is no longer valid. You acknowledge and agree that neither PaidWorkout, nor any PaidWorkout agent, will have any liability whatsoever for any insufficient funds or other charges incurred by you as a result of attempts to charge, and/or place holds on, your specified payment method as contemplated by these Terms and Conditions. If you provide a debit card number instead of a credit card number, you authorize all charges described herein to be applied to such debit card unless and until you provide a credit card number.
You agree to pay us, through our payment processors or financing partners (as applicable), all charges at the prices then in effect for any purchase in accordance with the applicable payment terms presented to you at the time of purchase. You agree to make payment using the payment method you provide when you set up your account. We reserve the right to correct, or to instruct our payment processors or financing partners to correct, any errors or mistakes, even if payment has already been requested or received.
If you believe you have been billed in error for a Membership, please notify us within 60 days of the billing date by contacting Support at 1-855-724-3975 or emailing support@PaidWorkout.com. PaidWorkout will not issue refunds or credits after the expiration of this 60-day period, except where required by applicable law.
CONDITIONS OF PARTICIPATION
By entering a Challenge, entrants agree to be bound by these Rules and the decisions of PaidWorkout, which shall be final and binding in all respects. PaidWorkout, at its sole discretion, may disqualify any entrant from a Challenge, refuse to award benefits or prizes and require the return of any prizes, if the entrant engages in conduct or otherwise utilizes any means PaidWorkout deems to be improper, unfair or otherwise adverse to the operation of the Challenge or is in any way detrimental to other entrants. Conduct that would be deemed improper also includes, but is not limited to:
- Artificially increase their work out data including steps, calories burned, time worked out in a day (“Health Data”);
- Utilize multiple wearable devices at the same time in order to artificially increase Health Data;
- Utilize physical performance enhancing drugs;
- Manipulate the Website or the mobile data to artificially increase their Health Data;
- Untruthfulness about your age, sex, or physical attributes or abilities in order to gain an advantage in a Challenge;
- Falsifying personal information required to enter a Challenge or claim a prize;
- Engaging in any type of financial fraud including unauthorized use of credit instruments to enter a Challenge or claim a prize;
- Colluding with any other individual(s) or engaging in any type of syndicate play;
- Using a single Account to participate in a Challenge on behalf of multiple entrants;
- Using automated means (including but not limited to scripts and third-party tools) to interact with the Website in any way (this includes, but is not limited to: creating a Challenge, entering a Challenge, withdrawing from a Challenge, take all spaces in a Challenge, etc.);
- Any type of bonus abuse, abuse of the refer-a-friend program, or abuse of any other offers or promotions that is not permitted by PaidWorkout;
- Tampering with the administration of a Challenge or trying to in any way tamper with the computer programs or any security measure associated with a Challenge;
- Obtaining other entrants information and spamming other entrants; or
- Abusing the Website in any way.
Users further acknowledge that the forfeiture and/or return of any prize shall in no way prevent PaidWorkout from pursuing criminal or civil proceedings in connection with such conduct.
By entering into a Challenge or accepting any prize, entrants, including but not limited to the winner(s), agree to indemnify, release and to hold harmless PaidWorkout, its parents, subsidiaries, affiliates and agents, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities (collectively, the “Released Parties”), from any and all liability, claims or actions of any kind whatsoever, including but not limited to injuries, damages, or losses to persons and property which may be sustained in connection with participation in the Challenge, the receipt, ownership, use or misuse of any prize or while preparing for, participating in and/or travelling to or from any prize related activity, as well as any claims based on publicity rights, defamation, or invasion of privacy. PaidWorkout may, in its sole and absolute discretion, require an Authorized Account Holder to execute a separate release of claims similar to the one listed above in this paragraph as a condition of being awarded any prize or receiving any payout. PaidWorkout may withhold any prizes and payouts if a user refuses to provide information to confirm their identity or as required to be obtained by a taxation authority such as a social security number.
PaidWorkout is not responsible for: any incorrect, invalid or inaccurate entry information; human errors; technical malfunctions; failures, including public utility or telephone outages; omissions, interruptions, deletions or defects of any telephone system or network, computer online systems, data, computer equipment, servers, providers, or software (including, but not limited to software and operating systems that do not permit an entrant to participate in a Challenge), including WITHOUT LIMITATION ANY INJURY OR DAMAGE TO ANY ENTRANT’S or any other person’s property, computer or video equipment relating to or resulting from participation in a Challenge; inability to access the Website or the mobile applications, or any web pages that are part of or related to the Website or mobile applications; theft, tampering, destruction, or unauthorized access to, or alteration of, entries and/or images of any kind; data that is processed late or incorrectly or is incomplete or lost due to telephone, postal issues, computer or electronic malfunction or traffic congestion on telephone lines or transmission systems, or the internet, or any service provider’s facilities, or any phone site or website or for any other reason whatsoever; typographical, printing or other errors, or any combination thereof.
ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE THE WEBSITE OR MOBILE APPLICATIONS OR UNDERMINE THE LEGITIMATE OPERATION OF ANY CHALLENGE IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, PAIDWORKOUT RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
All entries become the property of PaidWorkout and will not be acknowledged or returned.
To be eligible to enter any Challenge or receive any prize, the Authorized Account Holder may be required to provide PaidWorkout with additional documentation and/or information to verify the identity of the Authorized Account Holder, and to provide proof that all eligibility requirements are met. In the event of a dispute as to the identity or eligibility of an Authorized Account Holder, PaidWorkout will, in its sole and absolute discretion, utilize certain information collected by PaidWorkout to assist in verifying the identity and/or eligibility of such Authorized Account Holder.
Where legal, both entrants and Challenge winners consent to the use of their name, voice, and likeness/photograph in and in connection with the development, production, distribution and/or exploitation of any Challenge or the Website and mobile applications. Winners agree that from the date of notification by PaidWorkout of their status as a potential winner and continuing until such time when PaidWorkout informs them that they no longer need to do so that they will make themselves available to PaidWorkout for publicity, advertising, and promotion activities.
PaidWorkout reserves the right to move entrants from the Challenges they have entered to substantially similar Challenges in certain situations determined by PaidWorkout in its sole discretion.
CHALLENGE PRIZES AND PROMOTIONS
Guaranteed prizes are offered in connection with some of the Challenges offered by the Website and the mobile applications.
OTHER LEGAL RESTRICTIONS
CHALLENGE OF SKILL
Challenges offered on the Website and mobile applications are challenges of physical skill. Winners are determined by the objective criteria based on the physical activity level of each user. PaidWorkout analyses fitness activity of each individual based on several metrics including calories burned, time spent exercising and steps per day; from this information we apply an algorithm to determine an “Activity Score” which is a measure of how active a user has been in any given time period. The more active a user is, the higher their score will be and therefore the higher that user’s rank in a Challenge. The Challenges may not be used for any form of illicit gambling. PaidWorkout highly encourages users to utilize a supported wearable device such as an Apple Watch, Fitbit or Garmin that allows for the constant tracking of steps, calories and minutes being active (a “Wearable”). The use of a Wearable will greatly improve a user’s statistics and Activity Score. However, those users without a Wearable or supported Wearable will have a small number of steps and calories added to their daily Activity Score to compensate for normal activity levels that would have otherwise been captured by a supported Wearable.
CHALLENGE STATISTICS AND LIVE SCORING
All ‘live’ statistics and other information provided through the PaidWorkout Website and mobile applications are offered for informational purposes while a users Activity Score will be used to determine the winners of Challenges, all scores displayed on the system may not be complete until the Challenge is over. Activity Scores displayed on the system can be inaccurate for several reasons including but not limited to loss of internet connection by a participant or failure to sync a wearable device. In this example, once internet connectivity is restored from a user their Activity Score will be recalculated which may result in a dramatically different score. PaidWorkout shall not be responsible or liable for any error or omissions in Activity Score information.
Challenge results and prize calculations are based on the final Activity Scores of each user in a Challenge at the completion time of such Challenge. Once Challenge results are reviewed and finalized, prizes are awarded. You will not be permitted to dispute results and winners which is confirmed in the sole determination of PaidWorkout.
At the conclusion of each Challenge, prizes will be awarded by 12:00 NOON EST on the following day except in circumstances where technical failure, inability of PaidWorkout to verify your compliance with these Terms, or other reasons prevent such timely payout. Challenge prizes are listed in Personal Profile section of the Website and Mobile Application. A winner will also by notified by electronic means of their winning. Prizes won are added to the winning participants account balance. In the event of a tie, prizes are divided evenly amongst the participants that have tied.
Challenge prize payouts will be published with the creation of each new Challenge. PaidWorkout reserves the right, in its sole discretion, to cancel or suspend the Challenges (or any portion thereof) should virus, bugs, unauthorized human intervention, or other causes corrupt administration, security, fairness, integrity or proper operation of the Challenge (or any portion thereof) warrant doing so. Notification of such changes may be provided by PaidWorkout to its customers but will not be required.
PAYMENT AND WITHDRAWAL OF PRIZES
Winners are posted on the Website and on the mobile application.
Before making any payment, PaidWorkout may require that an entrant complete and execute an affidavit of eligibility in which, among other things, the entrant is required to represent and warrant that the entrant is eligible to participate in a Challenge, is otherwise in compliance with this Agreement and, potentially, is required to provide documentation or proof of eligibility and compliance. If PaidWorkout requests that an entrant completes and executes such an affidavit and the entrant fails to do so within seven (7) days, or PaidWorkout otherwise determines that the entrant does not meet the eligibility requirements or is not in compliance with these Terms, PaidWorkout reserves the right to terminate the entrant’s Account and withhold or revoke the awarding of any prizes associated with such account. In such a situation, PaidWorkout may pay out any withheld or revoked prizes to the other entrants in the relevant Challenge in a manner consistent herewith.
Checks for withdrawal requests are processed within 14 business days, with the exception of any such requests coming from persons physically located in Iowa, which will be processed within 5 days, and are sent via U.S. Mail. PaidWorkout may choose to provide a check or wire transfer of cash prizes over $5,000 rather than using the electronic cash payout functionality of your Wallet.
Promotional deposits, credits, referral credits and other bonuses may not be withdrawn from a PaidWorkout account as cash and must be used by the user.
All taxes associated with the receipt of any prize are the sole responsibility of the winner. In the event that the awarding of any prizes to winners of Challenges is challenged by any legal authority, PaidWorkout reserves the right in its sole discretion to determine whether or not to award such prizes.
No substitution or transfer of prize is permitted, except that PaidWorkout reserves the right to substitute a prize of equal value or greater if the advertised prize is unavailable. All prizes or merchandise given to a user are awarded “as is” and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability for a particular purpose).
Any withdrawal requests, after approved by PaidWorkout, will be credited back to the same credit card or method of payment used to deposit funds on the Website. PaidWorkout will only release withdrawals to a different credit card or other payment method other than that which was used to make deposit(s) after the aggregate amount of such deposit(s) has already been released back to the credit card(s) or payment method(s) used for the deposit(s).
TERMINATION AND EFFECT OF TERMINATION
If we terminate or suspend your Account, your license to use any software or content provided in connection with the Account is also terminated or suspended (as applicable). If your Account is terminated, PaidWorkout has the right to immediately delete all data, files, and other information stored in or for your account without further notice to you.
DISCLAIMER OF WARRANTIES
THE WEBSITE AND MOBILE APPLICATIONS, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE WEBSITE, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, PAIDWORKOUT AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) ABOUT: (A) THE WEBSITE OR THE MOBILE APPLICATIONS; (B) THE CONTENT AND SOFTWARE ON AND PROVIDED THROUGH THE WEBSITE OR THE MOBILE APPLICATIONS; (C) THE FUNCTIONS MADE ACCESSIBLE ON OR ACCESSED THROUGH THE WEBSITE OR THE MOBILE APPLICATIONS; (D) THE MESSAGES AND INFORMATION SENT FROM THE WEBSITE OR THE MOBILE APPLICATIONS BY USERS; (E) ANY PRODUCTS OR SERVICES OFFERED VIA THE WEBSITE OR THE MOBILE APPLICATIONS OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR (F) SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEBSITE OR THE MOBILE APPLICATIONS OR ANY LINKED SITE. PAIDWORKOUT DOES NOT WARRANT THAT THE WEBSITE OR THE MOBILE APPLICATIONS, ANY OF THE WEBSITES’ OR THE MOBILE APPLICATIONS’ FUNCTIONS OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEBSITES OR THE MOBILE APPLICATIONS OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
PAIDWORKOUT DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE WEBSITE OR THE MOBILE APPLICATIONS IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, PAIDWORKOUT SPECIFICALLY DISCLAIMS SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE WEBSITE OR THE MOBILE APPLICATIONS, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE WEBSITE OR THE CONTENT. FURTHER, PAIDWORKOUT AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE.
PAIDWORKOUT, ITS PARENTS, SUBSIDIARIES AND AFFILIATES, AND THE DIRECTORS, OFFICERS, EMPLOYEES, AND OTHER REPRESENTATIVES OF EACH OF THEM, SHALL NOT BE LIABLE FOR THE USE OF THE WEBSITE OR THE MOBILE APPLICATIONS INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THIS AGREEMENT.
LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT PAIDWORKOUT LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE WEBSITE OR THE MOBILE APPLICATIONS AS SET FORTH BELOW: UNDER NO CIRCUMSTANCES SHALL PAIDWORKOUT, ITS PARENTS, SUBSIDIARIES, OR AFFILIATES, OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM (COLLECTIVELY, THE “COMPANY ENTITIES AND INDIVIDUALS”), BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (1) THE WEBSITE, THE MOBILE APPLICATIONS, THE CONTENT, OR YOUR UPLOAD INFORMATION; (2) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE WEBSITE OR THE MOBILE APPLICATIONS; (3) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY PAIDWORKOUT OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE WEBSITE OR THE MOBILE APPLICATIONS OR CONTENT;(4) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; OR (5) ANY ERRORS OR OMISSIONS IN THE WEBSITE’S OR THE MOBILE APPLICATIONS’ TECHNICAL OPERATION, EVEN IF FORESEEABLE OR EVEN IF PAIDWORKOUT ENTITIES AND INDIVIDUALS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE WEBSITE OR THE MOBILE APPLICATIONS). IN NO EVENT WILL PAIDWORKOUT ENTITIES AND INDIVIDUALS BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL PAIDWORKOUT ENTITIES AND INDIVIDUALS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100). PAIDWORKOUT ENTITIES AND INDIVIDUALS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER’S COMPUTER, HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION. YOUR ACCESS TO AND USE OF THIS WEBSITE OR THE MOBILE APPLICATIONS IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE WEBSITE OR THE MOBILE APPLICATIONS OR THE CONTENT. YOU RECOGNIZE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF PAIDWORKOUT’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEBSITE OR THE MOBILE APPLICATIONS OR OTHER PROPERTY OWNED OR CONTROLLED BY PAIDWORKOUT AND/OR ITS PARENTS, SUBSIDIARIES, AND/OR AFFILIATES OR YOUR UPLOAD INFORMATION, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY COMPANY WEBSITE OR OTHER PROPERTY OR YOUR UPLOAD INFORMATION OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO. BY ACCESSING THE WEBSITE OR THE MOBILE APPLICATIONS, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE SECTION 1542, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS.
THE PAIDWORKOUT SERVICE OFFERS HEALTH AND FITNESS INFORMATION AND IS DESIGNED FOR EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY. YOU SHOULD CONSULT YOUR PHYSICIAN OR GENERAL PRACTITIONER BEFORE BEGINNING A NEW FITNESS PROGRAM. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN, GENERAL PRACTITIONER OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTHCARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE PAIDWORKOUT SITE OR HEARD ON THE PAIDWORKOUT SERVICE. THE USE OF INFORMATION PROVIDED THROUGH THE PAIDWORKOUT SERVICE IS SOLELY AT YOUR OWN RISK AND IS NOT MEDICAL OR HEALTHCARE ADVICE.
NOTHING STATED OR POSTED ON THE PAIDWORKOUT WEBSITE OR THE MOBILE APPLICATIONS OR AVAILABLE THROUGH ANY PAIDWORKOUT SERVICE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THESE TERMS, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. THE PAIDWORKOUT SERVICE IS CONTINUALLY UNDER DEVELOPMENT AND, TO THE FULL EXTENT PERMITTED BY LAW, PAIDWORKOUT MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT THE HEALTH, FITNESS AND NUTRITIONAL ADVICE THAT APPEARS HERE. NO ASSURANCE CAN BE GIVEN THAT THE ADVICE CONTAINED IN THE PAIDWORKOUT SERVICE WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.
In becoming a user of PaidWorkout with the intent of using the Website, the mobile applications and the Service, you affirm that either: (A) all of the following statements are true:
- no physician or general practitioner has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician or general practitioner;
- you have never felt chest pain when engaging in physical activity;
- you have not experienced chest pain when not engaged in physical activity at any time within the past month;
- you have never lost your balance because of dizziness and you have never lost consciousness;
- you do not have a bone or joint problem that could be made worse by a change in your physical activity;
- your physician or general practitioner is not currently prescribing drugs for your blood pressure or heart condition;
- you do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems; and
- you do not know of any other reason you should not exercise; or
(B) your physician or general practitioner has been specifically consulted by you and approved of your use of the PaidWorkout Website, the mobile applications or the Service.
If applicable, you further affirm that: (i) you are not pregnant, breastfeeding or lactating; unless; and (ii) your physician or general practitioner has been specifically consulted and approved your use of the PaidWorkout Website, the mobile applications or the Service.
PaidWorkout reserves the right to refuse or cancel your membership if we determine that you have certain medical conditions or that the representations set forth above are untrue in any respect.
INTELLECTUAL PROPERTY RIGHTS
The content on the Website and the mobile application, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like and the trademarks, service marks and logos contained therein (the “Intellectual Property”), are owned by or licensed to PaidWorkout, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website and the mobile applications are provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. PaidWorkout reserves all rights not expressly granted in and to the Website, the mobile applications and the Intellectual Property. You agree to not engage in the use, copying, or distribution of any of the Intellectual Property other than expressly permitted herein. If you download or print a copy of the Intellectual Property for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Intellectual Property or enforce limitations on use of the Website or the Intellectual Property therein.
Some of the Services may allow you to submit or transmit audio, video, photos, text, or other materials (collectively, “User Submissions”) to or through the Services. When you provide User Submissions, you grant to PaidWorkout, its parents, subsidiaries, affiliates, and partners a non-exclusive, worldwide, royalty-free, fully sub-licenseable license to use, distribute, edit, display, archive, publish, sublicense, perform, reproduce, make available, transmit, broadcast, sell, translate, and create derivative works of those User Submissions, and your name, voice, likeness and other identifying information where part of a User Submission, in any form, media, software, or technology of any kind now known or developed in the future, including, without limitation, for developing, manufacturing, and marketing products. You hereby waive any moral rights you may have in your User Submissions.
In addition, you agree that any User Submissions you submit shall not contain any material that is, in the sole and absolute discretion of PaidWorkout, inappropriate, obscene, vulgar, unlawful, or otherwise objectionable (hereinafter, “Prohibited Content”). Posting of any Prohibited Content, in addition to any and all other rights and remedies available to PaidWorkout, may result in account suspension or termination.
We may refuse or remove a User Submission without notice to you. However, we have no obligation to monitor User Submissions, and you agree that neither we nor our parents, subsidiaries, affiliates, employees, or agents will be liable for User Submissions or any loss or damage resulting from User Submissions.
You represent and warrant that you have all rights necessary to grant to PaidWorkout the license above and that none of your User Submissions are defamatory, violate any rights of third parties (including intellectual property rights or rights of publicity or privacy), or violate applicable law.
There may be links on the Website or mobile applications that let you leave the particular Website or mobile applications you are accessing in order to access a linked site that is operated by a third party. PaidWorkout neither controls nor endorses these sites, nor has PaidWorkout reviewed or approved the content that appears on them. PaidWorkout is not responsible for the legality, accuracy or inappropriate nature of any content, advertising, products or other materials on or available from any such third-party sites. You acknowledge and agree that PaidWorkout is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the access or use of any of the links, content, goods or services available on or through these third party sites.
When interacting with other PaidWorkout members, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other people you don’t know. Your participation, correspondence or personal or business dealings with any third party found on or through the PaidWorkout Website or mobile applications, whether regarding payment or delivery of specific goods and services, donations or fundraisers, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that PaidWorkout is not responsible or liable for any loss, damage, injury, or other matters of any sort incurred as the result of such dealings.
CONSENT TO JURISDICTION IN FLORIDA, ATTORNEY’S FEES
The exclusive jurisdiction and venue for proceedings involving any and all disputes, claims or controversies arising out of or relating to this Agreement, the breach thereof, or any use of the Website and mobile applications (including all commercial transactions conducted through the Website or the mobile applications) (“Claims”) shall be the courts of competent jurisdiction sitting within Miami-Dade County in the State of Florida (the “Forum”), and the parties hereby waive any argument that any such court does not have personal jurisdiction or that the Forum is not appropriate or convenient; (b) you and PaidWorkout waive any and all rights to trial by jury with respect to any Claims.
In the event that either party initiates a proceeding involving a Claim under this Section other than in the Forum, the other party shall recover all attorneys’ fees and expenses reasonably incurred in enforcing this Agreement and the Forum to which the parties have herein agreed.
BETA TEST PROVISIONS
If you participate in a beta test or early release version of our mobile apps, you agree to the provisions hereof. You agree that you will not create a competing product or share any information gained during your testing of the beta or early release with a competitor of ours. You acknowledge that, in the course of using the beta product and performing its duties under this Agreement, you may obtain information relating to the beta or early release products and to PaidWorkout which is of a confidential and proprietary nature (“Proprietary Information”). Such Proprietary Information may include, but is not limited to, trade secrets, know how, invention techniques, processes, programs, schematics, software source documents, data, customer lists, financial information, and sales and marketing plans or information which you know or have reason to know is confidential, proprietary or trade secret information of PaidWorkout. You shall at all times, both during the term of this Agreement and for a period of at least three (3) years after its termination, keep in trust and confidence all such Proprietary Information, and shall not use such Proprietary Information other than as expressly authorized by PaidWorkout under this Agreement, nor shall you disclose any such Proprietary Information to third parties without PaidWorkoutâ€™s written consent. You further agree to immediately return to PaidWorkout all Proprietary Information (including copies thereof) in your possession, custody, or control upon termination of this Agreement at any time and for any reason. Beta tests are not for cash prizes and for fictitious funds only.
Third-party online publishers that refer users to the PaidWorkout website or the mobile applications shall not be responsible or liable for the PaidWorkout website or any of the content, software, or functions made available on, or accessed through, or sent from, the PaidWorkout website.
PAIDWORKOUT AND OTHER TRADEMARKS CONTAINED ON THE WEBSITE AND MOBILE APPLICATIONS ARE TRADEMARKS OR REGISTERED TRADEMARKS OF PAIDWORKOUT IN THE UNITED STATES AND/OR OTHER COUNTRIES. THIRD PARTY TRADEMARKS, TRADE NAMES, PRODUCT NAMES AND LOGOS MAY BE THE TRADEMARKS OR REGISTERED TRADEMARKS OF THEIR RESPECTIVE OWNERS. YOU MAY NOT REMOVE OR ALTER ANY TRADEMARK, TRADE NAMES, PRODUCT NAMES, LOGO, COPYRIGHT OR OTHER PROPRIETARY NOTICES, LEGENDS, SYMBOLS OR LABELS ON THE WEBSITE.
FOR CONTENT PROVIDERS / OPTIMIZATION TOOLS