WEBSITE USER CONDUCT AND RESTRICTIONS
- the Website contains copyrighted material, trademarks, and other proprietary information including text, software, photos, video, graphics, music and sound, and that the entire contents of the Website are copyrighted as a collective work under the United States copyright laws;
- WatsonFit is the exclusive owner of the copyright and all other intellectual property rights in the entire Website;
- WatsonFit owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it;
- Each third party content provider owns the copyright in content original to it;
- You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit the content of the Website or any portion of it;
- Except as otherwise expressly permitted under copyright law, you may not copy, redistribute, publish, display or commercially exploit any material from the Website without the express written permission of WatsonFit and, if applicable, the copyright owner; and
- In the event of any permitted copying, redistribution or publication of material from the Website, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. You further acknowledge and agree that you do not acquire any ownership rights by downloading or copying copyrighted material or any other material protected by intellectual property laws. All trademarks appearing on the Website are the exclusive property of their respective owners, including, in some instances, WatsonFit, and/or affiliated companies.
- hacking and other digital or physical attacks on the Website;
- publishing vulgar, obscene, or defamatory material; or
- any other unlawful act.
INFORMATION YOU PROVIDE; REGISTRATION; USER NAMES AND PASSWORDS
ORDER PLACEMENT AND ACCEPTANCE; METHOD OF PAYMENT
TRIAL MEMBERSHIP OFFER, AUTOMATIC ENROLLMENT AND PAYMENT, AND CANCELLATION
Where we offer you a Free Experience Membership of WatsonFit (“Free Experience Membership”), such Free Experience Membership will start immediately and will run for the seven (7) days after your application to register with WatsonFit has been accepted by WatsonFit and continue for the Free Experience Membership offer period as indicated on the Website at the time you submit your application. Free Experience Memberships are only available to new membership subscribers of WatsonFit and for the limited periods as set out on the Website. Previous membership subscribers or those subscribers who have already benefited from a Free Experience Membership subscription to WatsonFit do not qualify for a further Free Experience Membership.
If you do not want to continue your membership after your Free Experience Membership comes to an end, you must contact us at least 24 hours before your Free Experience Membership period ends by submitting a cancellation request to us via our support email address firstname.lastname@example.org. If you do not contact us at least 24 hours before your Free Experience Membership period ends to cancel, your subscription will automatically continue and the payment card that you provided at the time of enrollment online will be charged the full WatsonFit monthly membership subscription rate provided at the time of enrollment. WatsonFit can change any paid-for membership subscription price detailed on the Website or in any pre-contract information (including these Terms), at any time. If the membership subscription rate changes after you are enrolled, we will notify you by e-mail.
If you wish to cancel your WatsonFit Membership subscription at any time after a Free Experience Membership or discounted period ends, you must give us the following notice by submitting a cancellation request to us via our support email address email@example.com to cancel your subscription. For monthly Membership subscriptions, we require at least twenty-four (24) hours’ notice of cancellation. For annual Membership subscriptions, we require at least thirty (30) days’ notice of cancellation.
MEMBERSHIP TERMS AND AUTOMATIC PAYMENT
A member (“Member”) is responsible for paying all sums due to WatsonFit in connection with their membership (“Membership”) in accordance with these Terms. The first Membership fee payable in accordance with these Terms is due when the Membership account is setup and payment of the Membership subscription fee is a condition of Membership, or after your Free Experience Membership ends and you have not canceled the automatic enrollment with us. Every calendar month (or calendar year depending on the type of Membership applied for), your Membership account will be charged the subscription fee for the following month’s (or year’s) subscription, together with any other fees for the following month’s (or year’s) subscription (for example, proposed additional personal training costs) plus any accumulated charges for the past period (for example, for additional personal training costs incurred in the previous calendar month) (collectively, “Fees”). Failure by the Member to use any of the services available for a Member through its subscription to WatsonFit does not relieve the Member of his/her payment obligations under these Terms.
Potential registrants and/or Members can pay by credit card or debit card. Payment details, together with details of the subscription package applied for, shall be collected by us through our secure financial data collection mechanism, which transfers the details of the potential registrant and/or Member’s financial data (as well as subscription package data) to PayPal’s online payment system for processing. You acknowledge that we hold data regarding the subscription package that is being signed up for by the Member, including the last four digits and the expiration date of the card used to purchase the subscription package together with details on when payment of Fees are due. The Member further acknowledges and agrees that by sending a request for a specific subscription package, that payments for Fees are due on a recurring basis in accordance with that specific subscription package (unless the subscription is cancelled in accordance with these Terms) and therefore authorizes the automatic payment collection terms applicable to that specific subscription package (e.g. on a monthly basis and for a specific amount). You specifically authorize PayPal to collect payment for Fees from the Member’s Credit Card or Debit Card provided to us at the time of enrollment (which we in turn provide to PayPal) and for PayPal to forward payment of the Fees to us.
You agree that you will NOT send credit card details to WatsonFit directly and that ALL credit card transactions shall be processed through STRIPE via the Website. WatsonFit shall not be held responsible for the security of, or the misuse of, credit card or other personal information. Members should be aware that further terms and conditions required by PayPal may apply, and can be found at www.paypal.com. WatsonFit reserves the right to immediately terminate a Member’s account and/or service for any unpaid (in whole or part) period of Membership subscription (with or without notice). Termination of service in no way relieves or excuses the Member from any obligation to pay outstanding charges or expenses. In the event WatsonFit starts collection processes of any type, you will be liable for all collection costs, including legal fees and expenses, as provided in Section 20 below.
In addition to any Fees, WatsonFit may also charge applicable value added or other tax.
WATSONFIT LABS CLUB, AUTOMATIC PAYMENT, AND CANCELLATION
When visiting the Website, you may have the option of purchasing a product one time or enrolling into WatsonFit’s LABS Club subscription plan where the payment card you provide at the time of enrollment is automatically charged each month until you cancel. If you enroll in the WatsonFit’s LABS Club subscription plan, the payment card you provided will be billed and the product shipped every 30 days from the date of your initial enrolment unless you cancel. If you wish to cancel your subscription in WatsonFit’s LABS Club subscription plan, you may do so at any time, however, you must cancel your subscription 24 hours prior to the shipment of your next scheduled order. To cancel your WatsonFit LABS Club subscription, simply email us at firstname.lastname@example.org.
IF YOU ARE ENROLLED IN THE WATSONFIT LABS CLUB SUBSCRIPTION PROGRAM AT THE TIME OF YOUR INITIAL PURCHASE AND YOU HAVE PROVIDED US WITH A VALID CREDIT CARD NUMBER OR AN ALTERNATE PAYMENT METHOD, EACH PAYMENT WILL BE AUTOMATICALLY PROCESSED AT THE TIME OF EACH SHIPMENT OR INSTALLMENT AND WILL BE BILLED TO THE PAYMENT METHOD YOU PROVIDED TO US AT THE TIME OF YOUR ENROLLMENT IN THE WATSONFIT LABS CLUB SUBSRCIPTION PLAN. IF YOU WISH TO CANCEL YOUR PARTICIPATION IN THE WATSONFIT LABS CLUB SUBSCRIPTION PROGRAM, YOU MAY DO SO AT ANY TIME BY E-MAILING SUPPORT@WATSONFIT.COM.
If you participate in the WatsonFit LABS Club subscription program using a credit card and your credit card fails to process for a subsequent shipment, you agree that WatsonFit may contact you on any phone number (including a cell phone number) or e-mail address provided by you for alternate payment information. If you fail to pay for any product or service received, your account may be sent for collection. In the event WatsonFit starts collection processes of any type, you will be liable for all collection costs, including legal fees and expenses, as provided in Section 20 below.
Unless otherwise stated on the Website at the time of purchase, we reserve the right to add applicable shipping and handling fees to your order. Unless otherwise stated, we will use commercially reasonable efforts to fulfill your order within a reasonable time after receipt of your properly completed and verified order. Accurate shipping address and phone number information is required. Although we may provide delivery or shipment timeframes or dates, such dates are good-faith estimates and are subject to change. You further understand that product or service availability may be limited and particular products or services may not be available for immediate delivery. If your order will be delayed, we will contact you at the e-mail or street address you provided when placing your order. If we are unable to contact you or you would like to cancel your order, we will cancel the order and refund the full amount charged. We shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery caused by any third party carrier or other delivery service not owned or controlled by us. The risk of loss and title for such items pass to you upon our delivery to any third party carrier. We reserve the right to reject orders where the stated delivery address is outside the United States.
PRODUCTS, SERVICES, AND PRICES AVAILABLE ON THE WEBSITE
WatsonFit reserves the right, without notice, to discontinue products or services or modify specifications and prices on products and services without incurring any obligation to you. Except as otherwise expressly provided for in these Terms, any price changes to your subscription or purchase of product(s) or services will take effect following email notice to you.
WatsonFit takes reasonable steps in an effort to insure that the prices set forth on the Website are correct, and to accurately describe and display the items available on the Website. If the correct price of our product is higher than its stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
When ordering products, please note that WatsonFit does not warrant that product or service descriptions are accurate, complete, current, or error-free, or that packaging will match the actual product that you receive. If any item described on the Website is not as described when you receive it, or the packaging on the Website does not match what you receive, your sole remedy is provided in our Return/Exchange Policy. All sales are deemed final except as provided in the Return/Exchange Policy. WatsonFit’s descriptions of, or references to, products or services not owned by WatsonFit are not intended to imply endorsement of that product, or constitute a warranty by WatsonFit unless expressly stated on the Website.
TRAINER'S OBLIGATIONS AND YOUR OBLIGATIONS/YOUR INDIVIDUAL RESULTS WILL VARY
The Trainer will use his/her skills and knowledge to design a safe program of exercise that will take into account your lifestyle, personal goals, fitness level, and medical history. The Trainer will provide coaching, supervision, advice, and support to assist you in achieving your goals. You understand that the results of any fitness program cannot be guaranteed by WatsonFit or the Trainer, and that your progress depends on your individual effort. Accordingly, individual results will vary.
Your Obligations-YOUR INDIVIDUAL RESULTS WILL VARY
You must commit to your training program 100% to improve the chances of achieving your goals. You are required to arrive on time for sessions with your Trainer and to have adequate internet service. You are required to wear appropriate clothing and footwear. Your Trainer may require a letter of “medical clearance” from your physician, and your physician may charge you for providing that letter, which cost is payable exclusively by you. You understand and agree that it is your responsibility to inform the Trainer of any conditions or changes to your health, now and on-going, which may affect your ability to exercise safely and with minimal risk of injury. If your Trainer requires further medical information from a practitioner, you must provide such information.
Every person has a different body and history, and, therefore, individual results will vary from Member to Member. YOUR INDIVIDUAL RESULTS WILL VARY DEPENDING UPON A VARIETY OF FACTORS UNIQUE TO YOU, SUCH AS YOUR HEALTH, GENETICS, DIET, AND LEVEL OF EXERCISE. IF YOU ARE NOT SATISFIED WITH YOUR RESULTS, YOUR ONLY REMEDY IS PROVIDED IN OUR RETURN/EXCHANGE POLICY.
INDEPENDENT WATSONFIT AFFILIATE PROGRAM
WatsonFit may offer you an opportunity to become an Independent WatsonFit Affiliate (“IWA”), wherein you will have the opportunity to receive free or discounted products or services or other remuneration in exchange for your truthful statements about your experience with WatsonFit. Such statements may include, but not be limited to, sharing your WatsonFit experience with your friends and colleagues in person, on social media, or by e-mail, and encouraging them to join WatsonFit as a Member and/or purchase WatsonFit products. WatsonFit reserves the sole and exclusive right to determine the amount of remuneration each IWA will receive in exchange for his/her efforts.
IWA’s must comply with all laws including, but not limited to, laws prohibiting deceptive and misleading advertising and marketing, e-mail marketing laws (including the federal CAN-SPAM Act (15 U.S.C. § 7701)), telemarketing laws (including the federal Telephone Consumer Protection Act (47 U.S.C. § 227)), and laws governing testimonials (including the Federal Trade Commission’s Revised Endorsements and Testimonials Guides (16 CFR Part 255 of the Code of Federal Regulations)). IWAs are solely responsible for ensuring their compliance with all laws.
As an IWA, all of your statements must: (1) contain only truthful and accurate information about your WatsonFit experience generally; and (2) if posting on social media, each post must contain (a) @watson_fit and #watsonfit; and (b) #ad, #advertisement, or #promotion in a clear and conspicuous location before the text of your description. If the post is on Instagram, these hashtags must appear before the “More” button, and each Instagram post must use Instagram’s “Paid Partnership” tool. If the post is on YouTube or another form of video social media, then the hashtags must appear in a clear and conspicuous location in the post description, and each video must display the word “Ad,” “Advertisement,” “Promotion,” or “Paid Partnership” within the video itself in a font size that is clearly recognizable to the viewer and which appears persistently throughout the length of the video in the top right hand portion. All e-mails must: (1) be sent only to those individuals who have opted into receiving e-mails; (2) clearly identify the e-mail as an advertisement in the subject line; and (3) provide a mechanism for the recipient to opt out, with all opt out requests being honored within ten (10) business days of receipt.
As an IWA, your statements must not: (1) contain any false or misleading statements; (2) make any health or scientific claims about WatsonFit’s products or services or your experience with WatsonFit (e.g., “WatsonFit has cured my heart disease” would be prohibited, but “WatsonFit has helped me gain energy, lose weight, and feel healthier” would be permitted if that was your experience); (3) display, reference, or discuss any third party’s products or services including, but not limited to, the products or services of WatsonFit’s competitors; nor (4) infringe any third-party’s intellectual property or other rights, including likeness rights, trademark rights, copyrights, and rights of privacy.
IWAs are independent contractors and are not employees or agents of WatsonFit. IWAs have no authority to act on behalf of or bind WatsonFit. IWAs shall be solely and exclusively responsible for all costs and other expenses incurred. Sections 18 and 20 below – in their entirety (as well as all other terms in this Agreement) – apply to IWAs, and further govern the relationship between WatsonFit and each IWA.
To find out more information about the ILA program, please click here.
TESTIMONIALS, REVIEWS, AND PICTURES/VIDEOS
WatsonFit is pleased to hear from users and welcomes your comments regarding our services. WatsonFit may use testimonials and/or product reviews in whole or in part together with the name, city, and state of the person submitting it. Testimonials may be used for any form of activity relating to WatsonFit’s services or products, in printed and online media, as WatsonFit determines in its absolute discretion. Testimonials represent the unique experience of the customers submitting the testimonial, and do not necessarily reflect the experience that you may have using our products. As noted in Section 11 above, your results will vary depending upon a variety of factors unique to you, such as your health, genetics, diet, and level of exercise.
You alone are responsible for any communication, message, and/or other content that you post, upload, submit, transmit, or share with WatsonFit on this Website, by electronic mail or otherwise, including but not limited to, any data, questions, comments, suggestions or the like (collectively “User Communications”). By transmitting or posting any User Communications, you represent and warrant that such User Communications are your own original work and will not infringe or violate any copyright, trademark, trade secret, rights of privacy, rights of publicity, or any other applicable laws. WatsonFit does not endorse or sponsor any User Communications submitted by you or other Members.
Anything that you submit or post to the Website and/or provide us, including without limitation, photographs, testimonials, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, “Submissions”) is and will be treated as non-confidential and nonproprietary, and we shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, and create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become our sole and exclusive property and shall not be returned to you.
Additionally, WatsonFit reserves the right to correct grammatical and typing errors, to shorten testimonials prior to publication or use, and to review all testimonials prior to publication or use. WatsonFit shall be under no obligation to use any, or any part of, any testimonial or product review submitted. If you submit a testimonial, you are confirming that you have read, understood and agree to these Terms. If you disagree with any part of these Terms, do not submit a testimonial.
NO MEDICAL DIAGNOSIS OR TREATMENT
WATSONFIT IS COMMITTED TO HELPING YOU LOSE WEIGHT AND IMPROVE YOUR LIFESTYLE. YOU UNDERSTAND, HOWEVER, THAT OUR PRODUCTS, SERVICES, AND THE STATEMENTS ON THE WEBSITE HAVE NOT BEEN EVALUATED BY THE FOOD & DRUG ADMINISTRATION OR MEDICAL PROFESSIONALS, AND OUR PRODUCTS, SERVICES, AND THE INFORMATION ON THE WEBSITE ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY HEALTH PROBLEMS, ILLNESSES, OR DISEASES. THE INFORMATION ON THE WEBSITE OR PROVIDED TO YOU IN EMAILS OR OTHER COMMUNICATIONS IS DESIGNED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO BE A SUBSTITUTE FOR INFORMED MEDICAL ADVICE OR CARE. YOU FURTHER UNDERSTAND THAT OUR PRODUCTS AND SERVICES ARE NOT INTENDED FOR USE BY PERSONS UNDER 18 YEARS OF AGE AND THAT THE PRODUCTS ARE NOT TO BE USED TO TREAT ANY TYPE OF MEDICAL CONDITION OR HEALTH PROBLEM. THE DIETARY NEEDS OF MINOR CHILDREN AND PERSONS WITH MEDICAL CONDITIONS ARE DIFFERENT FROM THOSE OF HEALTHY ADULTS. YOU AGREE THAT YOU EITHER HAVE CONSULTED, OR WILL CONSULT, WITH A PHYSICIAN OR DOCTOR BEFORE USING ANY OF OUR PRODUCTS OR TRYING ANY OF OUR SERVICES, PARTICULARLY IF YOU SUFFER FROM ANY MEDICAL CONDITION INCLUDING, BUT NOT LIMITED TO, HEART DISEASE, HIGH BLOOD PRESSURE, OBESITY, BLOOD CIRCULATION PROBLEMS, BREATHING PROBLEMS, OR ANY OTHER CONDITIONS OR DISORDERS, AND YOU AGREE THAT YOU WILL CEASE IMMEDIATELY FROM USING OUR PRODUCTS IF YOU EXPERIENCE ANY ILL EFFECTS OR UNINTENDED SIDE EFFECTS OF ANY PRODUCT.
WATSONFIT ENDEAVORS TO PROVIDE YOU WITH ACCURATE INFORMATION ABOUT OUR PRODUCTS AND SERVICES. YOU UNDERSTAND AND AGREE THAT THE INFORMATION WATSONFIT CONVEYS ABOUT OUR PRODUCTS, SERVICES, AND/OR THE EFFICACY OF OUR PRODUCTS OR SERVICES IS OBTAINED FROM INDEPENDENT THIRD PARTIES SUCH AS NEWS AGENCIES, SCIENTIFIC REPORTS, AND SCIENTIFIC / RESEARCH ENTITIES. WATSONFIT DOES NOT WARRANT OR REPRESENT THAT SUCH INFORMATION IS ERROR-FREE, AND WATSONFIT DOES NOT REPRESENT OR ENDORSE ANY THIRD PARTIES OR THE METHODS THAT THEY USE TO ARRIVE AT THEIR CONCLUSIONS. ALL PRODUCT SPECIFICATIONS, PERFORMANCE DATA, AND OTHER INFORMATION ON THE WEBSITE IS FOR INFORMATIONAL AND ILLUSTRATIVE PURPOSES ONLY, AND DO NOT CONSTITUTE A GUARANTEE OR REPRESENTATION THAT THE PRODUCTS WILL CONFORM TO SUCH SPECIFICATIONS OR PERFORMANCE DATA. WATSONFIT DOES NOT WARRANT OR REPRESENT THAT YOUR RESULTS WILL MATCH THOSE OF OTHERS WHO USE OUR PRODUCTS OR SERVICES.
THE REPRESENTATIONS AND PRODUCT DISCLAIMERS DESCRIBED ABOVE ARE INAPPLICABLE WHERE PROHIBITED BY LAW, INCLUDING IN NEW JERSEY.
FOOD ALLERGY DISCLAIMER
WATSONFIT MAKES EVERY ATTEMPT TO PROVIDE ACCURATE NUTRITION AND INGREDIENT INFORMATION FOR EVERY PRODUCT ON OUR MENU. WE TAKE FOOD SAFETY VERY SERIOUSLY: HOWEVER, THERE IS ALWAYS A RISK OF CROSS-CONTAMINATION. THERE IS ALSO A POSSIBILITY THAT MANUFACTURERS OF THE COMMERCIAL FOODS WE USE COULD CHANGE THE FORMULATION AT ANY TIME, WITHOUT NOTICE.
PLEASE BE AWARE THAT OUR FACILITY HANDLES NUTS AND FOODS THAT MAY CONTAIN NUTS OR NUT OILS.
CUSTOMERS CONCERNED WITH FOOD ALLERGIES NEED TO BE AWARE OF THESE RISKS AND UNDERSTAND THAT THE CONSUMPTION OF FOODS PROVIDED BY WATSONFIT IS AT THEIR OWN RISK.
DISCLAIMERS OF WARRANTIES
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, INCLUDING THE STATE OF NEW JERSEY:
THE WEBSITE AND ALL CONTENT ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY, AND/OR COMPLETENESS OF ANY INFORMATION ON THIS WEBSITE. WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM THAT: (A) THE USE OF THE WEBSITE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE, OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE WEBSITE WILL BE CORRECTED, OR (F) THE WEBSITE OR THE SERVER(S) THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
LIMITATIONS OF LIABILITIES
YOU UNDERSTAND THAT THERE ARE INHERENT RISKS IN PARTICIPATING IN A PROGRAM OF STRENUOUS EXERCISE. EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, INCLUDING THE STATE OF NEW JERSEY, IF YOU SUSTAIN OR CLAIM TO SUSTAIN ANY INJURY WHILE PARTICIPATING IN TRAINING, YOU ACKNOWLEDGE THAT WATSONFIT (INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AND AGENTS) IS NOT RESPONSIBLE, AND THE TRAINER IS ALSO NOT RESPONSIBLE, EXCEPT WHERE THE INJURY WAS CAUSED BY THE TRAINER’S GROSS NEGLIGENCE. YOU AGREE THAT NEITHER WATSONFIT (INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AND AGENTS), NOR YOUR TRAINER WILL BE HELD LIABLE IN ANY WAY FOR INJURIES RELATED TO UNDECLARED OR UNKNOWN MEDICAL CONDITIONS. YOU AGREE THAT IN NO EVENT SHALL WATSONFIT’S LIABILITY TO YOU FOR ANY CLAIM OF ANY KIND OR DESCRIPTION EXCEED THE AMOUNT OF THREE (3) TIMES THE PAYMENTS PAID BY YOU TO WATSONFIT FOR THE MONTH PRECEDING THE DATE IN WHICH THE FACTS GIVING RISE TO A CLAIM AGAINST WATSONFIT OCCURRED. YOU EXPRESSLY WAIVE ANY RIGHT TO INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS, OR CLAIMS OF ANY KIND OR DESCRIPTION. THIS LIMITATION OF LIABILITY SHALL APPLY FOR ALL CLAIMS AND ALL THEORIES OF LIABILITY ADVANCED, REGARDLESS OF WHETHER WATSONFIT WAS AWARE OF OR ADVISED IN ADVANCE OF THE POSSIBILITY OF DAMAGES OR SUCH CLAIMS. SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS. NOTWITHSTANDING ANYTHING IN THESE TERMS TO THE CONTRARY, THIS LIMITATION OF LIABILITY DOES NOT APPLY TO CONSUMERS IN NEW JERSEY.
CUSTOMERS CONCERNED WITH FOOD ALLERGIES NEED TO BE AWARE OF THESE RISKS AND UNDERSTAND THAT THE CONSUMPTION OF FOODS PROVIDED BY WATSONFIT IS AT THEIR OWN RISK.
DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THE TERMS OF THESE CONDITIONS OF USE AS A COURT WOULD.
Notwithstanding the foregoing, and as an exception to final and binding confidential arbitration, you and WatsonFit both retain the right to pursue, in small claims court, any claim that is within that court’s jurisdiction and proceeds on an individual (non-class) basis, including overdue account matters within the small claims court’s jurisdiction. WatsonFit will not demand arbitration in connection with any individual claim that you properly file and pursue in a small claims court, so long as the claim is and remains pending in that court. The following claims shall not be subject to final and binding arbitration and must be adjudicated only in the state or federal courts located in Sacramento, California: (i) any dispute, controversy, or claim relating to the infringement or validity of our proprietary rights, including without limitation, trademarks, service marks, trade dress, copyrights, trade secrets, or patents, or the intellectual property rights of a third-party; or (ii) an action by WatsonFit for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or other provisional relief, against you for breach or threatened breach of this Agreement. You expressly agree to refrain from bringing or joining any claims that are excluded from final and binding arbitration pursuant to this subsection “b” in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration. Small claims matters may be filed in any small claims court with personal and subject matter jurisdiction over the parties. For all other matters excluded from final and binding arbitration by this subsection “b,” the parties consent to exclusive jurisdiction and venue in the state and federal courts located in Sacramento, California, and forever waive any challenge to said courts’ jurisdiction and venue.
C. Required Pre-Dispute Procedures
We acknowledge and agree that before initiating any Claim against the other, we agree to first contact the other with a written description of the dispute, which shall include all relevant documents and information, and the proposed resolution. You may send the written description of any dispute you have with us by e-mail to email@example.com. WatsonFit will contact you by letter at the billing address you provided to us or at the email address you provided to us. You agree to negotiate with WatsonFit or its designated representative in good faith about your problem or dispute. If for some reason the dispute is not resolved within 60 days after receipt of the written dispute, we agree to the dispute resolution provisions below. Notwithstanding the foregoing or any other term of this arbitration agreement, we will have the right to seek injunctive or other equitable relief in state or federal court located in Sacramento, California to enforce these Terms or prevent an infringement of a third party’s rights or our intellectual property rights, as stated in subsection “b” above. You hereby expressly consent to, and forever waive any challenge to, the exclusive personal jurisdiction and venue of said courts in such actions.
D. Commencing Arbitration
You and WatsonFit agree to commence any arbitration proceeding within 1 year after the Claim arises (the 1 year period includes the required pre-dispute procedures set forth above) and that any arbitration proceeding commenced after 1 year shall be forever barred.
E. Arbitration Location
If the amount in controversy is $500 or less, then the arbitration may be conducted by telephone or by written submissions. Otherwise, the arbitration shall be conducted in Sacramento, California unless WatsonFit otherwise agrees to arbitrate in another forum requested by you.
F. Organization, Rules, and the Arbitrator
Payment of all filing, administration and arbitrator fees will be governed by the AAA’s Rules. We will reimburse the fees charged by the arbitrator for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, we will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. In all other respects, the parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses.
H. Governing Law and Award
The arbitrator shall follow the substantive law of the State of California without regard to its conflicts of laws principles. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the FAA. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
This provision survives termination of your account or relationship with WatsonFit, bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.
Failure or any delay in enforcing this arbitration provision in connection with any particular Claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other Claims except all Claims must be brought within the 1 year limitation period set forth above. This provision is the entire arbitration agreement between you and WatsonFit and shall not be modified except in writing by WatsonFit.
WatsonFit reserves the right to amend this arbitration provision at any time. Your continued use of the Website, purchase of any services or product on or through the Website, or use or attempted use of a WatsonFit service or product, is affirmation of your consent to such changes. Should the changes to this arbitration provision be material, WatsonFit will provide you notice and an opportunity to opt-out. Your continued use of the Website, purchase or use of any services or products on or through the Website, or use or attempted use of a WatsonFit service or product, is affirmation of your consent to such material changes.
YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION. YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN THIRTY (30) DAYS FROM THE DATE THAT YOU PURCHASE, USE, OR ATTEMPT TO USE A SERVICE OR PRODUCT PURCHASED ON OR THROUGH THE WEBSITE (WHICHEVER COMES FIRST) BY EMAIL TO US AT WATSONFIT, ATTN: LEGAL DEPARTMENT, WITH COPY BY E-MAIL TO SUPPORT@WATSONFIT.COM. FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE IDENTIFYING ANY SERVICE OR PRODUCT YOU PURCHASED, USED OR ATTEMPTED TO USE WITHIN THE 30 DAYS AND THE DATE YOU FIRST PURCHASED, USED, OR ATTEMPTED TO USE THE SERVICE OR PRODUCT. IF MORE THAN THIRTY (30) DAYS HAVE PASSED, YOU ARE NOT ELIGIBLE TO OPT OUT OF THIS PROVISION AND YOU MUST PURSUE YOUR CLAIM THROUGH BINDING ARBITRATION AS SET FORTH IN THIS AGREEMENT.
WATSONFIT'S ADDITIONAL REMEDIES
In order to prevent or limit irreparable injury to WatsonFit, in the event of any breach or threatened breach by you of the provisions of the parties’ Agreement or any infringement or threatened infringement by you of the intellectual property of WatsonFit or a third-party, WatsonFit shall be entitled to seek an injunction or other equitable relief restraining such breach, threatened breach, infringement, or threatened infringement. Nothing in this Agreement shall be construed as prohibiting WatsonFit from pursuing any other remedies available to it for such breach, threatened breach, infringement, or threatened infringement, including the recovery of monetary damages from you.
To the fullest extent permitted by law, you agree to defend, indemnify and hold harmless WatsonFit and its affiliates, and their respective directors, officers, employees, licensors, independent contractors, subcontractors, suppliers, parent companies, subsidiaries, and agents from and against any and all claims, actions, loss, liabilities, damages, expenses, demands, and costs of any kind, including, but not limited to attorneys’ fees and costs of any litigation or other dispute resolution, arising out of, resulting from, or in any way connected with or related to (1) your use, misuse, or inability to use the Website, (2) information you submit or transmit through the Website, or (3) your breach of these Terms, the documents they incorporate by reference, or the Agreement, or your violation of any law or the rights of a third-party.
NOTICE AND TAKEDOWN PROCEDURES; COPYRIGHT AGENT
If you believe that materials or content available on any WatsonFit Website infringes any copyright you own, you or your agent may send WatsonFit a notice requesting that WatsonFit remove the materials or content from the WatsonFit Website. If you believe that someone has wrongly filed a notice of copyright infringement against you, you may send WatsonFit a counter-notice. Notices and counter-notices should be sent to WatsonFit, Attention Legal Departmentr by e-mail to firstname.lastname@example.org.
WatsonFit reserves the right to terminate any Member’s Membership and/or service for any reason (including paid-for subscriptions and/or guest subscriptions) after providing e-mail notice to the Member.
This Agreement will take effect (or shall re-take effect) at the time you click “SUBMIT ORDER,” “PAY NOW,” “ORDER NOW”, “SUBMIT”, “BUY NOW”, “PURCHASE”, “I ACCEPT”, “I AGREE” or similar links or buttons, otherwise submit information through the Website, respond to a request for information, complete a purchase, select a method of payment, enter in payment method information, and/or begin installing, accessing, or using the Website, whichever is earliest. If, in our sole discretion, you fail, or we suspect that you have failed, to comply with any term or provision of the Agreement, we may terminate the Agreement or suspend your access to the Website at any time without notice to you and you will remain liable for all amounts due up to and including the date of termination or suspension. You further agree that WatsonFit shall not be liable to you or to any third party for the consequences of such termination or suspension. Your rights under this Agreement will terminate automatically if you fail to comply with this Agreement, subject to the survival of rights of certain provisions identified below. Termination will be effective without notice. Upon termination, you must promptly destroy all copies of any aspect of the Website in your possession. Sections 12, 14 through 20, 22, 24 through 28, and 30 through 32 of this Agreement, as well as any representations, warranties, and other obligations made or undertaken by you, shall survive the termination of this Agreement and/or your account or relationship with WatsonFit.
No failure or delay on the part of WatsonFit in exercising any right, power or remedy under this Agreement may operate as a waiver, nor may any single or partial exercise of any such right, power or remedy preclude any other or further exercise of such right, power, or remedy, or the exercise of any other rights, power or remedy under this Agreement. A waiver of any right or obligation under this Agreement shall only be effective if in writing and signed by WatsonFit.
GOVERNING LAW AND VENUE
WatsonFit will not be responsible to you for any delay, damage, or failure caused by or occasioned by a Force Majeure Event. As used in this Agreement, “Force Majeure Event” shall mean: any act of God, act of nature or the elements, terrorism, insurrection, revolution or civil strife, piracy, civil war or hostile action, labor strikes, acts of public enemies, federal or state laws, rules and regulations of any governmental authorities having jurisdiction over the premises, inability to procure material, equipment, or necessary labor in the open market, acute and unusual labor, material, or equipment shortages, or any other causes beyond the control of WatsonFit. Delays due to any of the above causes shall not be deemed to be a breach of or failure to perform under this Agreement. WatsonFit shall not be required against its will to adjust any labor or other similar dispute except in accordance with applicable law.
WatsonFit may assign its rights under this Agreement at any time, without notice to you. Your rights arising under this Agreement cannot be assigned without WatsonFit’s express written consent.
All information communicated on the Website is considered an electronic communication. When you communicate with any WatsonFit company through or on the Website or via other forms of electronic media, such as e-mail, you are communicating with the company electronically. You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication. You further acknowledge and agree that by clicking on a button labeled “SUBMIT MY ORDER”, “PAY NOW”, “ORDER NOW”, “SUBMIT”, “BUY NOW”, “PURCHASE”, “I ACCEPT”, “I AGREE”, or similar links or buttons, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”) or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE WEBSITE. Furthermore, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature, delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
CHANGES TO THE AGREEMENT
YOUR ADDITIONAL REPRESENTATIONS AND WARRANTIES
You hereby further represent and warrant: (1) that you are at least eighteen (18) years of age, or the legal age of majority in your jurisdiction, whichever is greater; (2) that you have read this Agreement and thoroughly understand the terms contained in this Agreement; and (3) that any products and services you purchase from the Website will be used for your personal, non-commercial use, and that you will not re-sell, re-distribute, or export any product that you order from the Website. You further represent that WatsonFit has the right to rely upon all information provided to WatsonFit by you, and WatsonFit may contact you by email, telephone or postal mail for any purpose, including but not limited to (i) follow-up calls, (ii) customer satisfaction surveys, and (iii) inquiries about any orders you placed, or considered placing, on or through the Website.
If any provision of this Agreement is found by the arbitrator or (if proper) a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall not be affected thereby and shall continue in full force and effect and such provision may be modified or severed from this Agreement to the extent necessary to make such provision enforceable and consistent with the remainder of the Agreement.
These Terms, the Agreement, and any policies or operating rules posted by us on the Website or in respect to the Website constitutes the entire agreement and understanding between you and WatsonFit and governs your access and use of the Website and your ordering, purchasing and use and/or attempted use of any service or product, and supersedes and replaces any prior or contemporaneous agreements, representations, communications, and proposals, whether oral or written, between you and WatsonFit. We may also, in the future, offer new services and/or features through the Website. Such new features and/or services shall also be subject to these Terms, the Agreement, and any policies or operating rules posted by us on the Website. Any ambiguities in the interpretation of these Terms or the Agreement shall not be construed against the drafting party.
We encourage our customers to contact us with questions or comments about our products and services. Please feel free to do so by sending an e-mail to email@example.com.
If you have any questions or inquiries concerning any of the Terms, you may contact WatsonFit by e-mail at firstname.lastname@example.org, or by regular mail.