TERMS OF SERVICE
LAST MODIFIED ON DECEMBER 14TH 2018
IMPORTANT: PLEASE READ THE TERMS OF SERVICE CAREFULLY BEFORE CONTINUING TO USE THIS SERVICE.
SECTION 15 OF THIS TERMS OF SERVICE AGREEMENT CONTAINS A BINDING CLASS ACTION WAIVER. IF YOU LIVE IN THE UNITED STATES, THIS SECTION AFFECTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES THAT YOU MAY HAVE WITH US. READ IT CAREFULLY.
This Terms of Service (the “Agreement”) is a legal agreement between you as an individual (“you”) and Treadthrill, LLC, a Limited Liability corporation (“Treadthrill”, “us”, “we” or “our”). It governs your access to, conduct in, and other terms and conditions relating to our operation and your use of our Service, which includes, but is not limited to: (i) the website located at "Treadthrill.com"; (ii) virtual resources, goods, and services; and; (iii) other elements that may be added from time to time.
Your rights and privileges regarding your use of the Service are described below in this Agreement.
By using the Service, you agree to be bound by the terms of this Agreement. This Agreement represents the entire agreement concerning the Service between you and Treadthrill, and it supersedes any prior proposal, representation, agreement, negotiation, offer, counteroffer, acceptance, understanding, or any contrary terms between the parties. If you do not agree to the terms of this Agreement, you are not authorized to download, operate, or otherwise use the Service.
We reserve the right to update or change these Agreement at any time by posting the most current version of the Agreement within the Service with a new Effective Date shown. All such changes in the Agreement are effective from the Effective Date. Your continued use of the Service after we post any changes to the Agreement signifies your agreement to any such changes. If you do not agree to the then-current Agreement, you must immediately discontinue using the Service.
As between You and Treadthrill, the Service is the sole and exclusive property of Treadthrill. You will not acquire any rights in connection with the Service, or any individual components or elements of the Service, through your use.
Your use of the Service is solely controlled by this Agreement which cannot be changed except by a written agreement signed by both you and a fully authorized representative of Treadthrill. The Service and all audio and video content is licensed, not sold.
ANY VIOLATION OF THIS AGREEMENT MAY RESULT IN THE TERMINATION OF ANY PRIVILEGES ASSOCIATED WITH THE SERVICE AS DETAILED BELOW.
1.1. What we do. We provide you with information on how to stay fit through audio and PDF exercise guides, streamed or otherwise accessible directly from the Service. This Service requires that you have a device and internet connection capable of streaming these guides while in use.
1.3. Authorized Device. This service is to be accessed through your phone, personal computer, tablet or any other internet-connected device compatible with our Service (an "authorized device"). Authorized devices do not include any devices that are used to purposefully circumvent the Agreement.
2. GRANT OF LICENSE
2.1. License of the Service. The Service is licensed to you by Treadthrill for personal, noncommercial use on your phone, tablet, or other authorized devices. You must be at least 13 years of age or older to use this Service unless with the permission of a parent or legal guardian unless you are a resident of the European Union. European residents must be 16 years of age, or such age required by the law in your jurisdiction. All other uses are prohibited.
2.2. License of Content Provided on the Service. To the extent that through the Service, you are allowed to access any copyrighted content belonging to Treadthrill, you are allowed to reproduce and store any pdf file on your privately held devices. However, you shall not sell, reproduce, or distribute such pdf files online or offline, for free or for commercial purposes. The sole exception to this is to any immediate family members of the user purchasing content or a membership (as defined below). This license to reproduce and store does not extend to any audio or video content provided through the Service. Under no circumstances does this Service or these Terms allow you to download, store, or reproduce audio or video content provided via the Service.
3. USER CODE OF CONDUCT
3.1. Your conduct as a user of the Service. You are solely responsible for your conduct as a member of the community and as a user of the Service.
You represent, warrant and agree that you will not engage in conduct or communication (written, verbal, or nonverbal), either yourself, or by or through your username(s), which:
o restricts, inhibits, or discourages any other user from using the Service or contains a virus or other harmful component;
o collecting usernames, email addresses, and/or any other personal information for the purpose of sending spam and/or unsolicited email for any other commercial endeavor not approved by Treadthrill;
o violates any local, state, federal or international laws or gives rise to civil liability;
o imposes an unreasonable or disproportionately large load on the app or otherwise interferes with the app;
o is a chain letter, or constitutes junk mail;
o specifies or claims that that you are affiliated with us as an employee or agent when you are not;
o requests account login information from other Users;
o uses or possesses programs to “crack” the Service or other Internet security tools;
o downloads, without permission from Treadthrill, content belonging to Treadthrill;
o distributes, without permission, content belonging to Treadthrill, by uploading to third-party sites or distributing login information to unauthorized third parties;
o uploads files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage or inhibit the operation of the Service;
o restricts or inhibits any user from using and enjoying the Service; or
o anything else that Treadthrill, in its sole determination deems harmful to the Service or to the integrity of Treadthrill.
3.2. Suspension of Users. We may, at our sole discretion, immediately suspend or terminate your access to the Service should your conduct, in our sole determination, fail to conform with this Agreement.
4. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
4.1. Maintenance of Copyright and Trademark Notices. You agree not to remove or alter any copyright or trademark notices that appear anywhere within the Service.
4.2. Distribution. The license granted hereunder is non-transferable. The Service is licensed for your use only and only on an authorized device. You may not distribute the Service to any third party.
4.3. Prohibition on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the Service, or take any steps to recreate of recover the source code of the Service and waive any right to do so.
4.4. Rental. You may not rent, lease, or lend the Service, or offer it for any commercial use or purpose.
4.5. Account Ownership. You may not buy, sell, give, or trade any account using our service, nor attempt to buy, sell, give, or trade any account using our service.
4.6. User Privacy. You agree that there is no expectation of privacy in connection with your use of the Service. Treadthrill will fully cooperate with law enforcement and other governmental entities in policing the content of the Service. If you are under the age of 21, Treadthrill reserves the right to release transcripts of your chats, or other intra-Service communication, to your parents, guardian, or other adult authority figure(s).
4.7. Support Services. Treadthrill may in its sole discretion provide you with support services related to the Service (“Support Services”). Treadthrill is not required to provide Support Services unless otherwise required by applicable law. No failure to provide, or to continue to provide, Treadthrill will be a default of Treadthrill under this Agreement. Any supplemental software code provided to You as part of the Support Services will be treated as part of the Service, as between you and Treadthrill will be and remain the sole property of Treadthrill, and will be subject to the terms and conditions of this Agreement.
Treadthrill support may be reached by contacting us via email at email@example.com.
4.8. Compliance with Applicable Laws. You will fully comply with all applicable laws regarding use of the Service.
The term of this Agreement will commence upon download of the Service and will continue for so long as you have in your possession or control any copies of the Service. Without prejudice to any other of its rights, Treadthrill may unilaterally terminate or modify this Agreement at any time and for any reason or for no reason, with no notice to you.
For example, but not in limitation, Treadthrill may elect to terminate this Agreement and your rights in connection with the Service if Treadthrill, in its sole determination, discontinues the Service, stops supporting or maintaining the Service, ceases to provide updates, no longer offers the Service for license, or believes you have failed to comply with the terms and conditions of this Agreement.
In the event of termination arising as a result of discontinuation of the Service by Treadthrill, no refunds will be given for the licensing of the Service. In the event of termination arising from your failure to comply with the terms of the Agreement: (i) no refunds will be made; and (ii) you must promptly destroy, uninstall, or delete all copies of the Service and content provided through the Service in your possession. If modification of the Agreement by Treadthrill materially affects your rights in connection with the Service, which determination will be made by Treadthrill in its sole discretion, Treadthrill may, but is under no obligation to, notify you by sending an email message to your last email address known to Treadthrill or through the Service. Treadthrill will have no liability if you do not receive Treadthrill’s notification.
Termination of this Agreement by you can only occur after the deletion of all copies of the Service and any content in your possession, and by deleting your account (if any) by notifying customer support at firstname.lastname@example.org.
6. PROPRIETARY RIGHTS IN CONTENT ON THE SERVICE.
6.1. Ownership of Content. The content which may be accessed through use of the Service is the property of Treadthrill and may be protected by applicable copyright, trademark or other intellectual property laws and treaties.
6.2. Duration of Access. You understand that audio and video content is not hosted continually on the Service, and may be available to you, without an account or any payments to Treadthrill, for a total of fourteen (14) days after the initial posting date for streaming. We have no obligation to extend this period. Content that is in a PDF format may be accessed through your account, or through the email associated with your account.
7.1. Methods of Billing. Billing is available on either a one-time or subscription basis (a "Membership") for content provided within the Service. Content can only be accessed through an account created on the Service.
7.2. One-Time Fee. Upon creating an account, you may select to make a one-time transaction. In exchange for access to the content selected, you will pay a "One-Time Fee." One-Time Fees are fully earned upon payment. In some cases, your payment date may change (i.e. Your payment method was not successfully settled). Currently, the only payment methods we accept is through Stripe. We will send an invoice to you through the email address associated with your account.
7.3. Membership Fee. The Membership Fee for the service or any other charges you may incur in connection with your use of the service, will be charged on a monthly basis to your payment method on the calendar day corresponding to the commencement of the paying portion of your membership until your membership is cancelled. Membership Fees are fully earned upon payment. In some cases, your payment date may change (i.e. Your payment method was not successfully settled). Currently, the only payment methods we accept is through Stripe. We will send a single email confirming your subscription to you through the email address associated with your account. We may authorize your payment method in anticipation of the membership or service related charges, including authorizing it up to one month of service as soon as you register. We reserve the right to change the membership fee at any time.
7.4. Payment Methods. To use the service, you agree to provide us payment through the Stripe platform. We reserve the ability to provide alternative ways of payment from time to time, such as Apple Pay, PayPal, or payment through an app store like Google Play or the Apple App Store. If a payment is not settled for any reason and you have not cancelled the subscription, we reserve the right to terminate or suspend your access to the Service till payment is made. If, for any reason, all your payment methods are declined, we are not responsible for the subsequent suspension or cancellation of the service.
7.5. Cancellation. You can cancel your membership at any time, and you will continue to have access through the end of your applicable monthly billing period. We do not provide refunds or credit for any partial-month membership periods.
7.6. NO REFUNDS. Payments are NONREFUNDABLE and there are no refunds or credits for partial periods. Furthermore, failure to stream video or audio content before the content expires and is taken out is not grounds for a refund. Following any cancellation, you are provided with access to the Service for the rest of the billing period. At any time and at our sole discretion, we may elect to provide refunds.
8. NO WARRANTIES
Treadthrill expressly disclaims any warranty in, to, or for the Service. The Service is provided ‘As Is’ and ‘Where Is’ without any express or implied warranty of any kind.
TREADTHRILL EXPRESSLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR CONTINUOUS OPERATION.
The entire risk associated with operation of the Service is assumed by you. The Service also contains general health guidelines. The content is based on our experience with clients over the years, practical experience and general education background and has not been reviewed by a governmental authority. Everything provided is solely for the recipient's educational and informational use only. None of the content provided in this Service is medical advice, nor suggesting medical treatments. All actions made upon the content in this Service are made at your own risk, and we do not warrant any actions taken will be right for you. Treadthrill and its principals are not licensed nutritionists, physicians or dieticians. Before acting on any advice contained within, you should always consult your medical professional, both generally and with any specific concerns you have.
Treadthrill does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the Service. Treadthrill makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. Treadthrill further expressly disclaims any warranty or representation to any third party who may operate or otherwise utilize the Service. Treadthrill cannot guarantee the integrity of the Service or that it will be free from attacks by third parties that may result in incomplete or erroneous results from operation, or damage to hardware devices in which the Service is loaded and operating.
9. LIMITATION OF LIABILITY
IN NO EVENT WILL TREADTHRILL, OR ANY THIRD PARTY INVOLVED IN PROVIDING THE SERVICE (COLLECTIVELY "THE PROVIDERS"), BE LIABLE TO YOU FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, LOST PROFITS, BUSINESS INTERRUPTION, OR LOST INFORMATION) RISING OUT OF USER ACTIONS, USER COMMENTS, YOUR USE OF, OR INABILITY TO USE, THE SERVICE, OR THE USE OR INABILITY TO USE THE SERVICE BY ANY THIRD PARTY THAT MAY HAVE ACCESS TO THE SERVICE BY OR THROUGH YOU, EVEN IF THE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WITHOUT REGARD TO WHETHER SUCH DAMAGES, OR CLAIMS OF DAMAGES ARISE BASED IN CONTRACT, TORT OR OTHERWISE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE PROVIDER’S LIABILITY SHALL BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO USE THE SERVICE.
TREADTHRILL HAS NO LIABILITY WITH RESPECT TO USER CONDUCT, THE CONTENT OF THE SERVICE OR ANY PART THEREOF, INCLUDING BUT NOT LIMITED TO, ERRORS OR OMISSIONS CONTAINED THEREIN, LIBEL, INFRINGEMENTS OF RIGHTS OF PUBLICITY, PRIVACY, TRADEMARK RIGHTS, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, MORAL RIGHTS OR THE DISCLOSURE OF CONFIDENTIAL INFORMATION. TREADTHRILL DISCLAIMS LIABILITY TO ANY ACTIONS AND RISKS UNDERTAKEN BY YOU OR ANY USER USING THE SERVICE. THE LIMITATION OF LIABILITY SET FORTH HEREIN MAY NOT BE ENFORCEABLE IN CERTAIN JURISDICTIONS, OR UNDER CERTAIN CIRCUMSTANCES, AS A MATTER OF LOCAL LAW, AND IS NOT INTENDED TO REPLACE OR SUPERSEDE LOCAL LAW.
You acknowledge that we have not reviewed the content of all sites linked to or from the Service and that we are not responsible for the content of any of those sites and do not take responsibility for them or endorse them.
YOU AGREE TO INDEMNIFY AND HOLD US, AND OUR DIRECTORS, OFFICERS, EMPLOYEES, AND REPRESENTATIVES HARMLESS FROM ANY AND ALL LOSSES (INCLUDING, BUT NOT LIMITED TO, ATTORNEY FEES) RESULTING FROM ANY CLAIMS THAT YOU ASSERT, OR MAY ASSERT, BASED ON OR RELATING TO YOUR USE, OR THE USE OF ANY INDIVIDUAL USING YOUR PASSWORD, OF THIS SERVICE. YOU FURTHER AGREE TO INDEMNIFY AND HOLD US, AND OUR DIRECTORS, OFFICERS, EMPLOYEES, AND REPRESENTATIVES HARMLESS FROM ANY AND ALL LOSSES RESULTING FROM CLAIMS OF THIRD PARTIES (INCLUDING, BUT NOT LIMITED TO, ATTORNEY FEES) THAT RESULT IN WHOLE OR IN PART FROM VIOLATIONS BY YOU, OR ANY INDIVIDUAL USING YOUR PASSWORD, OF ANY OF THE TERMS OF THIS AGREEMENT.
13. DISCLOSURES REQUIRED BY LAW
Treadthrill reserves the right at all times to disclose any information, including personally identifiable information about you, as necessary to satisfy any applicable law, regulation, legal process or governmental request. Treadthrill reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Treadthrill to disclose the identity of anyone publishing or otherwise making available any materials that are believed to violate this Agreement.
BY ACCEPTING THIS AGREEMENT YOU WAIVE ALL RIGHTS AND AGREE TO HOLD TREADTHRILL HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY TREADTHRILL DURING OR AS A RESULT OF ITS INVESTIGATIONS OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER TREADTHRILL OR LAW ENFORCEMENT AUTHORITIES.
14. DISPUTE RESOLUTION AND GOVERNING LAW
Except to the extent that the applicable laws and regulations of Your jurisdiction mandate otherwise, this Agreement is governed by and will be construed under the laws of Texas without regard to its conflict of law provisions and, except as noted below in Section 15, You agree to submit to the exclusive jurisdiction of the courts of Plano, Texas to resolve all disputes related to this Agreement.
EACH OF THE PARTIES HERETO IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SERVICE OR THE TRANSACTIONS CONTEMPLATED HEREBY.
15. BINDING ARBITRATION
15.1. Arbitration Procedures. You and Treadthrill agree that, except as provided in Section 15.5 below, all disputes, controversies and claims related to this Agreement (each a “Claim”), will be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party will be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”) and under the terms set forth in this Agreement. In the event of a conflict between the terms set forth in this Binding Arbitration Section and the JAMS Rules, the terms in this Binding Arbitration Section will control and prevail.
15.2. Except as otherwise set forth in Section 15.5 below, you may seek any non-injunctive remedies available to you under federal, state or local laws in an arbitration action. As part of the arbitration, both you and we will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based. The determination of whether a Claim is subject to arbitration will be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in this Agreement, (i) you and Treadthrill may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and (ii) the arbitrator’s decision will be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law.
BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND TREADTHRILL WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
15.3. Location. The arbitration will be conducted in Plano, Texas, unless the parties agree to video, phone and/or internet connection appearances.
15.4. Limitations. You and Treadthrill agree that any arbitration will be limited to the Claim between Treadthrill and you individually. YOU AND TREADTHRILL AGREE THAT (A) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (C) NO ARBITRATION WILL BE JOINED WITH ANY OTHER ARBITRATION.
15.5. Exceptions to Arbitration. You and Treadthrill agree that the following Claims are not subject to the above provisions concerning negotiations and binding arbitration: (i) any Claim seeking to enforce or protect, or concerning the validity of, any of your or Treadthrill's intellectual property rights; (ii) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (iii) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court’s jurisdiction in lieu of arbitration with the other party’s consent.
15.6. Arbitration Fees. The party seeking the Claim is responsible for the initial fees to JAMS. All other fees and costs of the arbitration will be charged pursuant to the JAMS Rules.
15.7. Severability. You and Treadthrill agree that if any portion this Section is found illegal or unenforceable, except any portion of Section 15.5, that portion will be severed and the remainder of the Section will be given full force and effect. If Section 15.5 is found to be illegal or unenforceable, then neither you nor Treadthrill will elect to arbitrate any Claim falling within that portion of this Section found to be illegal or unenforceable and such Claim will be exclusively decided by a court of competent jurisdiction within the City of Plano, Texas and You and Treadthrill agree to submit to the personal jurisdiction of that court.
16. MISCELLANEOUS TERMS
16.2. Contact. By your consent in this Agreement, Treadthrill may contact you for any of the following, by example and not by limitation: information you provided in relation to billing; responses to user inquiries; order processing; promotions; or in requesting feedback.
16.3. No Waiver. The failure of Treadthrill to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. Any waiver of this Agreement by Treadthrill must be in writing and signed by an authorized representative of Treadthrill.
16.4. Local laws. Treadthrill makes no representation that content or materials in the Service are appropriate or available for use in jurisdictions outside the United States. Access to the Service from jurisdictions where such access is illegal is prohibited. If you choose to access the Service from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws. Treadthrill is not responsible for any violation of law. You also agree that the website and the Service shall be deemed a passive website and service that does not give rise to personal jurisdiction over Treadthrill, either specific or general, in jurisdictions other than the states covered by the preceding sentence. You further agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you reside (if different from the United States).
16.5. Force Majeure. We shall be not held liable for any delay or failure in performance of any part of this Agreement from any cause beyond our control and without our fault or negligence, such as acts of God, acts of civil or military authority, current laws and regulations and changes thereto, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, other major environmental disturbances, unusually severe weather conditions, acts of hackers and other illegal activities of third parties, inability to secure products or services of other persons or transportation facilities, acts or omissions of transportation or telecommunications common carriers, or acts, omissions, overloading, or slowdowns over the internet or any third party internet service providers.
16.6. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, that provision will be modified to reflect the parties’ intentions in the provision or severed, if such modification is not possible, and the other provisions of this Agreement remain in full force and effect.
16.7. Section Titles. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
16.8. No Partnership. Nothing contained in the Agreement will be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor may either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing nor otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each will remain independent contractors responsible for its own actions.
Please report any violations of this Agreement to Treadthrill at email@example.com.