1. WRKOUT Platform
The WRKOUT Platform (hereinafter referred to as the Platform) is a virtual referral service connecting users (“MOVRS” and each a “MOVR”) who want to engage for virtual personal physical training and other related services (“Services” or “Training Sessions”) with independent certified physical personal trainers who provide such services (“TRNRS” and each a “TRNR”) Training Sessions are delivered live on the Platform via online video by TRNRS to MOVRS. Both MOVRS and TRNRS must register and open an account on the Platform to access and use its features, including to provide or receive the Services, all in accordance with the terms and conditions set out in these Terms.
2. Role of WRKOUT
As the host of the Platform which allows MVRS to engage for Services and TRNRS to offer Services, WRKOUT enables connections between MOVRS and TRNRS but is not in an agency relationship with any user of the Platform. WRKOUT DOES NOT OWN, CONTROL, SUPERVISE, MONITOR, HAVE ACCESS TO OR MANAGE TRAINING SESSIONS, WHICH THE TRNRS PROVIDE AS INDEPENDENT CONTRACTORS AND NOT AS EMPLOYEES OR AGENTS OF WRKOUT. WRKOUT’s RELATIONSHIP WITH TRNRS IS IN AN INDEPENDENT CONTRACTOR BASIS, AND NEITHER ARE ENTITLED TO EMPLOYMENT BENEFITS THE COMPANY MAY PROVIDE TO ITS EMPLOYEES, INCLUDING WITHOUT LIMITATION, WORKERS’ COMPENSATION INSURANCE, UNEMPLOYMENT INSURANCE BENEFITS, GROUP HEALTH INSURANCE BENEFITS, AND PENSION AND SIMILAR BENEFITS. WRKOUT MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, EXPERTISE, SKILLS, EXPERIENCE OR AVAILABILITY OF TRNRS OR THE SERVICES, as more particularly provided in these Terms.
In order to use the various Platform features, you, whether you are a MOVR, a TRNR or both, must register for and maintain an active membership account (“Account”), which you may do so only if are eligible under Section 3.2. Account registration requires you to submit to WRKOUT certain personal information, including your name, address, mobile phone number and age, and if you are a registering as a MOVR, your certification that you are capable of participating in physical training and at least one valid payment method supported by WRKOUT. In addition, if you wish to become a TRNR, you must meet eligibility criteria to become a TRNR and enter into the TRNR Agreement. TRNRS must register and enter into a contractor agreement with WRKOUT, and provide basic information to self-certify their experience and qualifications. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including a material change to your health or having an invalid or expired payment method on file, may result in your inability to access or use the Services. MOVRS and TRNRS may only maintain one Account at any time and may not transfer or assign their Account to or share access to their Account with someone else. You are responsible for maintaining the confidentiality and security of your account credentials and may not disclose your credentials to any third party. You are responsible and liable for activities conducted through your account and must immediately notify WRKOUT if you suspect that your credentials have been lost or stolen or that your account has otherwise been compromised. As permitted by applicable law, we may, but have no obligation to (i) ask you to provide identification or other information, (ii) undertake checks designed to help verify your identity or background, (iii) screen you against third-party databases or other sources and request reports from service providers, and (iv) obtain reports from public records of criminal convictions or sex offender registrations or their local equivalents. Having an Account enables you, as a MOVR, to purchase or, as a TRNR, to provide Training Sessions and to obtain various other goods and services from time to time, including Third-Party Services.
You are not permitted to register an Account unless you meet the following criteria, and by registering an Account, you represent and warrant to WRKOUT that:
- 3.2.1 You are at least 18 years of age, or the age of legal majority in your jurisdiction (if higher than 18);
- 3.2.2 You have the legal capacity to be bound by these Terms;
- 3.2.3 You are not prohibited by law of any country from using the Platform and providing or receiving the Services or from conducting business with WRKOUT, a company incorporated under the laws of the Province of British Columbia, Canada;
- 3.2.4 You do not already have a registered Account; and
- 3.2.5 Your Account has not been previously limited, suspended or terminated by us for Default and we have not granted you express written permission to register a new Account.
4. Fees and Payments
Each MOVR will have an Account “wallet” to which the MOVR may contribute from time to time and against which WRKOUT Fees will be deducted (the “MOVR Account”). Each MOVR will have a minimum one-year subscription for access to the Services, and a recurring annual membership fee, at the then applicable rate established by WRKOUT from time to time (the “Membership Fee”), will be charged to a MOVR’S Account on each anniversary date of Account registration unless the Account has been terminated prior to such Anniversary Date. The Membership Fee will be payable up-front annually or monthly in advance, at the MOVR’S option. Fees for individual Training Sessions (“Training Fees”) or training packages for a fixed number of Training Sessions (the “Training Packages”) will be established by the applicable TRNR and will be charged and payable on top of the monthly Membership Fee in advance of each Training Session. WRKOUT does not set the pricing for Training Sessions. If you choose to purchase other goods or services on the Platform, those will also be charged separately to your MOVR Account (“Other Fees”). All Membership Fees and Other Fees (collectively “WRKOUT Fees”) are final and non-refundable, unless otherwise required by law or determined by WRKOUT. As between you and WRKOUT, WRKOUT reserves the right to establish, remove and/or revise the WRKOUT Fees (not yet charged to your MOVR Account) for any or all services or goods obtained through the use of the Platform at any time in WRKOUT's sole discretion. TRNRS may revise their Training Fee from time to time provided that a TRNR may not change a Training Fee applicable to a Training Session that has already been booked. WRKOUT will use reasonable efforts to inform you of any changes to its pricing. Notwithstanding any changes in pricing or your awareness thereof, you will be responsible for all WRKOUT Fees and Training Fees validly charged to your MOVR Account. Any issues related to fees, refunds or bookings should be directed by email to email@example.com; we will attempt to address all such issues expeditiously. If we cannot reach a mutually acceptable resolution, disputes shall be resolved in accordance with Section 16 below.
WRKOUT will process payment of all WRKOUT Fees and Training Fees charged to your MOVR Account or your “wallet” contributions using the preferred payment method designated in your MOVR Account, after which you will receive a receipt by email. If your primary MOVR Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that WRKOUT may use a secondary payment method in your MOVR Account, if available, or consider you in Default (see Section 11.2).
4.3 Complimentary Items
WRKOUT may, from time to time, provide users with certain complimentary or promotional items, including without limitation, credits towards personal training sessions, or months of membership, or other account credits or promotional items (collectively “Complimentary Items”). Complimentary Items are offered at WRKOUT's discretion, have no cash value and are non-refundable, non-transferable and non-descendible. Complimentary Items expire ninety (90) days after the date of issuance, unless otherwise expressly stated on a voucher or other written terms and conditions for a Complimentary Item. All applicable WRKOUT policies, including, without limitation, policies on booking and cancelling Training Sessions, apply to your use of Complimentary Items. Complimentary Items may only be redeemed and used while you are a registered user in good standing and will become null and void upon any cancellation of your membership or MOVR Account. Complimentary Items will not be considered in computing the amount of any refund to which you may be entitled upon cancellation of your membership or MOVR Account.
WRKOUT may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged to you for the same or similar services or goods, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the WRKOUT Fees applied to you.
5. MOVR-Only Terms
5.1 Training Sessions
Training Sessions are provided in 50-minute units. MOVRS have a choice of purchasing a personal Training Session, a group Training Session with up to five other MOVRS connecting to the same Training Session on the Platform, or a Training Package with a specific TRNR (each, an “Offering”). The price for each type of Offering is charged to a MOVR’s Account at the time of booking or purchase.
5.2 Booking Training Sessions
When you book a personal or group Training Session, you are agreeing to pay the applicable Training Session price plus any applicable taxes and any other Fees, including in respect of additional guests, identified during checkout. When you receive the booking confirmation, a contract between you as a MOVR and a specified TRNR for one or more Training Sessions (sometimes called a reservation in these Terms) is created, which entitles you to participate in, attend, or use that reserved Training Session. TRNRS may require MOVRS to provide information and/or complete a questionnaire as to their level of fitness and any physical limitations that you, as a MOVR, may have that will affect the Training Session. TRNRS and MOVRS are not required to book a specific number of Training Sessions to keep their membership active. TRNRS can accept, reject, or ignore any Training Session request. MOVRS and TRNRS that meet each other through this Platform may not, under any circumstances, arrange for or participate in any virtual training sessions with each other outside of the Platform and it will be a Default to violate this restriction which could and will likely result in termination of the violator’s Account.
5.3 Modifications, Cancellations and Refunds
You may cancel or reschedule your Training Session up to twenty-four (24) hours before the Training Session is due to start. A MOVR will be charged for the full cost of the Training Session if such MOVR cancels or reschedules with less than twenty-four (24) hours' prior notice or if fails to show up for such Training Session. MOVRS are not entitled to any refund for or reinstatement of any late-cancelled or missed Training Session. MOVRS are responsible for any booking modifications they request via the Platform or through WRKOUT customer service (“Booking Modifications”), and agree to pay any additional amounts, fees, or taxes associated with any Booking Modification.
Guests are family or friends who are training alongside you at the same location and through the same personal device. If you wish to include up to two additional guests for either your personal Training Session or a group Training Session, this must be indicated at the time of booking and must be approved by the applicable TRNR. You may not allow any person to join a Training Session unless (i) they are included as an additional guest during the booking process and (ii) your TRNR has given approval. Like MOVRS, each guest may be required by the TRNR to complete a physical health questionnaire and to provide a written waiver and release during the booking process. TRNRS each reserve the right to charge additional fees for additional guests. You are solely responsible for the safety of any guests that join you in a Training Sessions and for ensuring that your guests meet minimum age, proficiency, fitness, or other requirements.
Children under fifteen (15) years of age are not permitted to participate in a Training Session as an additional guest or otherwise. You, as a child's parent or legal guardian, will be required to sign a waiver and release form on behalf of your 15-18 year old child (“Eligible Child”) before your Eligible Child may participate in any Training Session or other Services. At all times during a Training Session, Eligible Children must be accompanied by a parent or legal guardian, and you are solely responsible for the supervision and safety of that Eligible Child.
5.6 Searching for a Training Session
You can search for available Training Sessions by using criteria like the type of Training Session, name of TRNR, Training Session price, dates, and time. You can also use filters to refine your search results. Search results are based on their relevance to your search and other criteria. Relevance considers factors like availability, TRNR Ratings, and more.
5.7 Training Session
At the start of any Training Session, you are responsible for confirming that you and anyone you invite to join you meet minimum age, proficiency, fitness, or other requirements. You are responsible for informing the TRNR of any medical or physical conditions or other circumstances that may impact your or your guest’s ability to participate, attend, or use the Training Session, and you are required to answer any reasonable questions asked by the TRNR as an assurance of your ability to participate in the Training Session.
5.8 Referral Program
- 5.8.1 You are eligible to participate in WRKOUT referral programs and promotions for referring a friend, family member or acquaintance to WRKOUT, subject to the following rules. Click to learn of any applicable Referral Program at this time and from time to time as well as any additional terms governing this Referral Program. Where referral gift cards are part of a referral program, they will be provided as a credit to your account and typically are issued within thirty 30 days after the individual you referred joins WRKOUT. Any referral gift cards earned through the referral program are considered Complimentary Items subject to the terms above. The referral program is a complementary benefit offered by WRKOUT and may be modified, changed or discontinued at any time, in WRKOUT's discretion, with or without notice you.
- 5.8.2 The referral program is only valid for referrals who actually join and become new MOVRS. You may refer anyone who you know and believe may be interested in joining WRKOUT. However, the referral program does not apply to, and you will not be eligible to receive any reward for referring, any former member who re-joins WRKOUT or any new member who joins under a corporate membership program or joins with a short-term or junior membership.
- 5.8.3 MOVRS who have a past-due/overdue balance or are otherwise not in good standing with WRKOUT, who receive membership on a complimentary basis or are employees of WRKOUT (including its affiliates) are not eligible to participate in the referral program.
- 5.8.4 You may refer a friend, family member or acquaintance by completing a referral form or by sharing your unique referral link via email. You may not generate referrals by using any robotic, automated or programmed methods, engaging in spamming or creating a website or other means to solicit referrals from individuals you do not know. WRKOUT reserves the right to, in its discretion, deny a referral gift card to, permanently disqualify from the referrals program, or terminate the membership or Account of any MOVR it believes is tampering with the functioning of or otherwise abusing the referral program.
5.8 Referral Program
MOVR Liability and Assumption of Risk. You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you invite to join your Training Sessions. You acknowledge that WRKOUT does not own, control, monitor, have access to or manage Training Sessions. You acknowledge that physical fitness training that will be conducted during each Training Session carries inherent risks to your person and property and that of your guests. You hereby agree that, to the maximum extent permitted by applicable law, you assume the entire risk arising out of your and your guests’ access to and use of the Platform and participation in any Training Session, use of any other Services, or any other interaction you have with TRNRS or other MOVRS whether in person or online. This means it is your responsibility to investigate a Training Session to determine whether it is suitable for you, to disclose to your TRNR at the start of a Training Session, and to monitor your physical condition and health before, during and after any Training Sessions. For example, Training Sessions may carry risk of bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Training Sessions.
6. Network Access
TRNRS and MOVRS are individually responsible for obtaining the data network access necessary to use or provide the Services (including Training Sessions). Your mobile network's data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and applications (including video camera, microphone and speakers having minimum capabilities set out in the Platform Rules and Content Guidelines) and any updates thereto. WRKOUT does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
7. Prohibition on Recording
No MOVR or TRNR is permitted to record, photograph or take screen shots of any Training Session nor copy, reproduce, publish, display, broadcast or distribute any video recording, photograph or screen shot of a Training Session on any website, social media or any other online or offline platform whatsoever without the express written consent of the other party and the party that is the subject of the recording, photograph or screenshot provided that TRNR may, with the express permission of MOVR as indicated by MOVR’S acceptance of recording prior to the Training Session, take video recording, photographs and screen shots for the purpose of training that MOVR and for no other purpose whatsoever. You acknowledge and agree that a breach of this provision by you will allow WRKOUT to immediately terminate your membership or Account for Default. MOVRS and TRNRS acknowledge that WRKOUT shall have no liability to any user resulting from a breach of this provision by any other user.
8. Ratings and Reviews
After each Training Session, MOVRS and TRNRS will have an opportunity to rate and review each other. Your Review must be accurate and may not contain any discriminatory, offensive, defamatory, or other language that violates WRKOUT’s Platform Rules and Content Guidelines. Ratings and reviews are not verified by WRKOUT for accuracy and may be incorrect or misleading. WRKOUT reserves the right to remove any review for any reason, but in no event will WRKOUT have any obligation to remove any rating of review.
9.1 Platform Content
The Platform contains text, photos, audio, video, information, software, code and other content (collectively, “Content”). You acknowledge that all intellectual property rights for the Content (other than User Content) are the exclusive property of WRKOUT and/or its licensors and agree that you will not remove, modify or obscure any copyright, trademark, service mark or other proprietary rights notices. You may not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit any Content accessed through the Platform except to the extent you are the legal owner of User Content. WRKOUT reserves the right to remove or delete any Content at its sole discretion without any prior notice to you.
9.2 User Content
Any Content provided by you (“User Content”) remains your property. However, by providing User Content, in whatever form and through whatever means, you grant WRKOUT a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sub-licensable and transferable license to copy, modify, prepare derivative works of, distribute, publish and otherwise exploit, that User Content, without limitation. You are solely responsible for all User Content and warrant that you either own it or are authorized to grant WRKOUT the rights described in these Terms. You are responsible and liable if any of your User Content violates or infringes the intellectual property or privacy rights of any third party or WRKOUT’s Platform Rules and Content Guidelines. User Content must comply with the Platform Rules and Content Guidelines, which prohibit, among other things, Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by WRKOUT in its sole discretion. You agree that WRKOUT may make available services or automated tools to translate Content and that your User Content may be translated using such services or tools. WRKOUT does not guarantee the accuracy or quality of translations.
9.3 Third-Party Content
The Platform may include content provided by third parties, including from other users and third-party licensors. All statements and/or opinions expressed in any such third-party content are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of WRKOUT.
9.4 No Reliance
The Content is provided on an “as is” basis, and no representations, warranties, or guarantees, whether express or implied, are made by WRKOUT regarding the accuracy, completion or currency thereof, the intellectual property rights thereto or any other matter whatsoever. WRKOUT will have no responsibility or liability to you whatsoever, or to any third party, with respect to any Content on the Platform.
9.5 Copyright Infringement
If you believe that Content on the WRKOUT Platform infringes copyrights of WRKOUT or any third party, please notify us in accordance with our Copyright Policy.
10. WRKOUT Platform Rules
You must follow WRKOUT’s Platform Rules and Content Guidelines and must not help or induce others to break or circumvent Platform Rules and Content Guidelines.
10.2 Reporting Violations
If you believe that a MOVR, TRNR or Content poses a risk of harm to a person or property, you should immediately contact local authorities before contacting WRKOUT. In addition, if you believe that a MOVR, TRNR or Content has violated Platform Rules and Content Guidelines, you should report your concerns to WRKOUT. If you reported an issue to local authorities, WRKOUT may request a copy of that report. Except as required by law, you agree that we are not obligated to take action in response to any report.
11.Termination and other Measures
11.1 Account Termination
You may terminate your membership or Account at any time in the WKROUT application. WRKOUT may terminate your membership or Account for any reason by giving you 30 days’ notice via email or using any other contact information you have provided for your Account in which case a prorated portion of your Membership Fee will be credited to your MOVR Account and the balance remaining in your MOVR Account, net of any outstanding amounts due to WRKOUT, shall be paid to you. WRKOUT may also terminate your membership or Account immediately and without notice if you are in Default. If your Account has been inactive for more than two years, we may suspend or terminate your Account without prior notice. In the case of termination or suspension, all amounts remaining in your Account shall be refunded to you.
11.2 User Violations
If (i) you breach these Terms, Platform Rules and Content Guidelines or any of our other policies, as enacted or amended by us from time to time, (ii) you violate applicable laws, regulations, or third-party rights, (iii) WRKOUT believes it is reasonably necessary to protect WRKOUT, its users or third parties; or (iv) your payment method on file has expired or is invalid (any one of these events, a “Default”), WRKOUT may, with or without prior notice:
- terminate your membership or Account or use of the Platform;
- remove Training Sessions, Reviews, or other Content;
- cancel pending or confirmed bookings; or
- revoke any special status associated with your membership or Account.
For minor violations or where otherwise appropriate, in each case, as WRKOUT determines in its sole discretion, you may be given notice of any intended measure by WRKOUT and an opportunity to resolve the issue. You may inquire about actions taken by us under this Section by contacting firstname.lastname@example.org.
11.4 Legal Mandates
For minor violations or where otherwise appropriate, in each case, as WRKOUT determines in its sole discretion, you may be given notice of any intended measure by WRKOUT and an opportunity to resolve the issue. You may inquire about actions taken by us under this Section by contacting email@example.com.
11.5 Effect of Termination
If your membership or MOVR Account is terminated, any confirmed Training Sessions will be automatically cancelled and you will not be entitled to any refund of your Membership Fee you may have purchased unless required by law and except as provided for in Section 11.1. Once your Account has been terminated, you are not entitled to a restoration of your Account or any of your User Content. If your access to or use of the Platform has been limited or your Account has been suspended or terminated by us for Default, you may not register a new account without our express written permission or access or use the Platform through an account of another MOVR.
12. Resolving Complaints
We offer a platform that enables MOVRS to connect directly with TRNRS, none of whom are either employees or agents of WRKOUT. While we work hard to ensure all of our users have a high quality experience using the Platform, we do not and cannot control the conduct of either MOVRS or TRNRS. If, at any time, a MOVR or a TRNR has a complaint with respect to the other or any particular Training Session, that MOVR or TRNR may file a formal complaint by emailing firstname.lastname@example.org and WRKOUT will use reasonable efforts to resolve the complaint. MOVRS and TRNRS agree to cooperate with and assist WRKOUT in good faith and to provide WRKOUT with such information and take such actions as may be reasonably requested by WRKOUT with respect to any investigation undertaken by WRKOUT regarding the filed complaint.
13. Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT THE PLATFORM, ITS CONTENT AND THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WRKOUT DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, WRKOUT MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. For example: (i) we do not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any TRNR, Training Session or third party service; (ii) we do not warrant the performance or non-interruption of the Platform; and (iii) we do not warrant that verification, identity or background checks conducted on TRNRS are accurate and complete or that they will identify past misconduct or prevent future misconduct. Any references to a TRNR being “verified” (or similar language) indicate only that the TRNR or WRKOUT has completed a relevant verification or identification process and nothing else. The disclaimers in these Terms apply to the maximum extent permitted by law. If you have statutory rights or warranties we cannot disclaim, the duration of any such statutorily required rights or warranties, will be limited to the maximum extent permitted by law.
14. Limitations on Liability
NEITHER WRKOUT NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM OR ANY CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH (I) THESE TERMS, (II) THE USE OF OR INABILITY TO USE THE PLATFORM OR ANY CONTENT, (III) ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS YOU MAY HAVE WITH SOMEONE YOU INTERACT OR MEET WITH THROUGH, OR AS A RESULT OF, YOUR USE OF THE PLATFORM, OR (IV) BOOKING OF A TRAINING SESSION, INCLUDING THE PROVISION OR USE OF TRAINING SESSIONS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WRKOUT HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET OUT IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL WRKOUT’S AGGREGATE LIABILITY FOR ANY CLAIM OR DISPUTE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, YOUR INTERACTION WITH ANY USER, OR YOUR USE OF OR INABILITY TO USE THE WRKOUT PLATFORM, ANY CONTENT, OR ANY TRAINING SESSION, EXCEED THE AMOUNT YOU PAID AS A MOVR OR RECEIVED IN COMPENSATION AS A TRNR DURING THE 12-MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY. THESE LIMITATIONS OF LIABILITY AND DAMAGES ARE FUNDAMENTAL ELEMENTS OF THE AGREEMENT BETWEEN YOU AND WRKOUT. IF APPLICABLE LAW DOES NOT ALLOW THE LIMITATIONS OF LIABILITY SET OUT IN THESE TERMS, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
We reserve the right to modify this Agreement or its terms relating to the Website and Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do, we will revise the updated date at the bottom of this page. Continued use of the Website and Services after any such changes shall constitute your consent to such changes.
To the maximum extent permitted by applicable law, you agree to release, defend (at WRKOUT’s option), indemnify, and hold WRKOUT (including its affiliates) and its officers, directors, employees, agents and anyone for whom WRKOUT is responsible at law harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal fees, arising out of or in any way connected with: (i) your breach of these Terms (including any supplemental or additional terms that apply to a product or feature), including our Platform Rules and Content Guidelines or any of our other policies applicable to you pursuant to these Terms, (ii) your improper use of the Platform, (iii) your interaction with any user at a Training Session or otherwise, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, participation or use, or (iv) your breach of any laws, regulations or third party rights such as intellectual property or privacy rights
16. Governing Law and Dispute Resolution
16.1 Dispute Resolution and Waiver of Rights
You agree that any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Services or these Terms, including those relating to its validity, its construction or its enforceability (a “Dispute”) shall be resolved exclusively and finally in accordance with this Section 16. UNLESS OTHERWISE EXCEPTED UNDER THESE TERMS AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT ALL DISPUTES WILL BE RESOLVED OUTSIDE OF COURT BY MEDIATION AND ARBITRATION AS CONTEMPLATED UNDER THESE TERMS AND BROUGHT BY YOU SOLELY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR SIMILAR PROCEEDING, AND YOU HEREBY WAIVE ALL RIGHTS TO LITIGATE A DISPUTE IN ANY COURT, TO BE HEARD BY A JURY OR TO PARTICIPATE IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR SIMILAR PROCEEDING. YOU ALSO UNDERSTAND THAT OTHER RIGHTS THAT YOU MAY HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE IN MEDIATION OR ARBITRATION. THE WAIVER OF SOME OR ALL OF THE FOREGOING RIGHTS IS PROHIBITED BY LAW IN SOME JURISDICTIONS, AND TO THE EXTENT SO PROHIBITED, MAY NOT APPLY TO YOU.
16.2 Exceptions to Mandatory Mediation and Arbitration
- 16.2.2 Sexual Harassment or Assault: Notwithstanding Section 16.1, where you allege claims of sexual assault or sexual harassment occurring in connection with your use of the Services, you may elect to bring those claims in a court of competent jurisdiction instead of mediation or arbitration.
- 16.2.3 Waivers Apply: WRKOUT agrees to honor your election of forum where you have opted out within the Opt-Out Deadline or with respect to your individual sexual assault or sexual harassment claim, but in so doing, DOES NOT WAIVE THE ENFORCEABILITY OF THIS SECTION 16 AS TO ANY OTHER PROVISION TO THE MAXIMUM EXTENT PERMITTED BY LAW (INCLUDING, BUT NOT LIMITED TO, THE WAIVERS PROVIDED IN SECTION 16.1 REGARDING THE RIGHT TO A TRIAL BY JURY OR PARTICIPATION IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR SIMILAR PROCEEDING).
16.3 Canada. If you are a resident of Canada:
- 16.3.1 Choice of Law: These Terms shall be exclusively governed by and construed in accordance with the laws of British Columbia, without giving effect to any conflict of law principle, and the exclusive venue for all Disputes and all hearings and proceedings in relation thereto will be the City of Vancouver. This choice of law provision is only intended to specify the use of British Columbia law to interpret these Terms and is not intended to create any substantive right to non-residents of British Columbia to assert claims under British Columbia law whether by statute, common law, or otherwise. If your country of residence or establishment is not Canada and you nevertheless bring any legal claim against WRKOUT in Canada, this Section 16.3 will apply to the determination of which law, venue, applicable law and dispute resolution provisions in these Terms apply to you.
- 16.3.2 Mediation and Arbitration: Any Dispute shall be first mandatorily submitted to mediation proceedings under the Rules (“BCICAC Mediation Rules”) of the British Columbia International Commercial Arbitration Centre (“BCICAC”). If such Dispute has not been settled within sixty (60) days after a request for mediation has been submitted under such BCICAC Mediation Rules, such Dispute can be referred to and shall be exclusively and finally resolved by arbitration under the Domestic Commercial Arbitration Rules of the BCICAC (“BCICAC Domestic Arbitration Rules”). The Dispute shall be resolved by one (1) arbitrator to be appointed in accordance with the BCICAC Domestic Arbitration Rules. The place of both mediation and arbitration shall be Vancouver, British Columbia. The language of the mediation and/or arbitration shall be English.
- 16.3.3 Confidentiality: The existence and content of the mediation and arbitration proceedings, including documents and briefs submitted by the parties, correspondence from and to the BCICAC, correspondence from the mediator, and correspondence, orders and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein.
16.4 United States. If you are a resident of the United States:
- 16.4.1 Choice of Law: These Terms shall be exclusively governed by and construed in accordance with the laws of the State of California without giving effect to any conflict of law principles, and the exclusive venue for all Disputes and all hearings and proceedings in relation thereto will be the City of Los Angeles. This choice of law provision is only intended to specify the use of California law to interpret these Terms and is not intended to create any substantive right to non-residents of California to assert claims under California law whether by statute, common law, or otherwise. If your country of residence or establishment is not the United States and you nevertheless bring any legal claim against WRKOUT in the United States, this Section 16.4 will apply to the determination of which law, venue, applicable law and dispute resolution provisions in these Terms apply to you.
- 16.4.2 Mediation and Arbitration: Any Dispute shall be first mandatorily submitted to mediation proceedings administered by the American Arbitration Association’s (AAA) mediation division, AAA Mediation.org, under their Mediation Procedures (the “Mediation Rules”). If such Dispute has not been settled within sixty (60) days after a request for mediation has been submitted under such Mediation Rules, such Dispute can be referred to and shall be exclusively and finally resolved by arbitration under the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”). The Dispute shall be resolved by one (1) arbitrator to be appointed in accordance with the AAA Rules. The place of both mediation and arbitration shall be Los Angeles, California. The language of the mediation and/or arbitration shall be English. Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that, to the extent the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”) applies to this Section 16.4, the FAA will govern its interpretation and enforcement and proceedings pursuant thereto. You and WRKOUT agree that we intend that this Section satisfies the “writing” requirement of the Federal Arbitration Act. This Section can only be amended by mutual agreement.
- 16.4.3 Confidentiality: The existence and content of the mediation and arbitration proceedings, including documents and briefs submitted by the parties, correspondence from and to the AAA, correspondence from the mediator, and correspondence, orders and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein.
- 16.4.4 Hardship: The arbitration shall be held either: (i) at the location described above unless such location requires you to travel in excess of 100 miles from your home or place of business in which case the arbitration will take place such other location as may be mutually agreed upon by you and WRKOUT; or (ii) at your election, if the only claims in the arbitration are asserted by you and are for less than $10,000 in aggregate, by telephone or by written submission. In the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, WRKOUT will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive, regardless of the outcome of the arbitration, unless the arbitrator determines that your claim(s) were frivolous or asserted in bad faith. Notwithstanding the foregoing arbitration provisions, at your option, you may bring any claim you have against WRKOUT in your local small claims court within the United States, if your claim is within such court’s jurisdictional limit; provided that such court does not have the authority to entertain any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated in such proceeding.
18. General Website or Application Terms
- 18.1 License: Subject to your compliance with these Terms, WRKOUT grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Platform on up to two personal devices at any one time, and (ii) access and use any Content on the Platform, in each case solely for your personal use or in connection with your use or provision of the Services. Any rights not expressly granted herein are reserved by WRKOUT.
- 18.2 Third Party Websites: For your convenience, the Platform may provide links or pointers to third-party sites. We make no representations about any other websites that may be accessed from the Platform. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites.
- 18.3 Malicious Code: WRKOUT cannot and does not guarantee or warrant that files or data available for downloading from the Internet or the Platform will be free of viruses and other destructive code. You are solely and entirely responsible for your use of the Platform and your computer, Internet and data security. To the fullest extent permitted by law, we will not be liable for any loss or damage caused by denial-of-service attack, overloading, flooding, mailbombing or crashing, viruses, Trojan horses, worms, logic bombs or other technologically harmful material that may infect your computer equipment, programs, data or other proprietary material due to your use of the Platform.
- 18.4 Persistent Log-In: You have the option to use the “persistent log-in” feature, which allows you to remain logged-in while the Platform is closed in order to avoid having to re-enter your log-in information each time you open the Platform. If you choose to exercise this option, you understand that anyone who gains access to your mobile, computer, tablet or other device will be able to access, and use all of the functionality as found on the Platform, including the payment functions. By agreeing to this option you understand and agree that you are responsible for any charges or actions on your account.
- 18.7 Informational and Promotional Emails: You authorize WRKOUT to send you administrative communications from relating to your Account using the email address or other contact information you provide for your WRKOUT account. The frequency of these administrative emails will depend upon the program(s) to which you have subscribed. You may also receive promotional emails from us if you subscribe, and you can always control whether you receive promotional emails using the notification preferences in your account settings. Please note that, if you disable certain communication settings, you will not be able to take advantage of certain promotions.
19.1 Entire Agreement
Except as they may be modified or supplemented from time to time, these Terms (including those terms, conditions, policies, guidelines, standards, forms, rules and disclosures that form part of these Terms) constitute the entire agreement between WRKOUT and you pertaining to your access to or use of the Platform.
19.2 No Rights of Third Parties
Subject to Section 18.5, these Terms do not and are not intended to confer any rights or remedies upon anyone other than you and WRKOUT.
If any provision of these Terms is held to be invalid, illegal or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality or unenforceability will not affect the effectiveness or validity of any provision in any other jurisdiction, and these Terms will be reformed, construed and enforced in such jurisdiction as if such provision had never been contained herein.
19.4 Modification of Terms
WRKOUT may modify these Terms, including any rules, policies or guidelines referred to in these Terms, at any time or times. We will notify you by email of any material changes to these Terms not less than 30 days before they become effective. Any revised Terms will be posted on the Platform showing the latest revision date at the top of these Terms. Your only remedy, if you disagree with the revised Terms, is to terminate your membership or Account and cease accessing or using the Platform. If you continue accessing or using the Platform after the date the revised Terms become effective, you are deemed to accept the revised Terms.
19.5 No Waiver
Any one or more failure on the part of WRKOUT to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
19.6 Force Majeure
WRKOUT shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labour or materials.
19.7 Contact Us
If you have any questions about these Terms, please email us: Solutions@wrkout.com
WRKOUT PLATFORM RULES AND CONTENT GUIDELINES
Platform Rules and Principles
Act with integrity and treat others with respect.
Do not lie, misrepresent something or someone, or pretend to be someone else.
Be polite and respectful when you communicate or interact with others.
Do not discriminate against or harass others.
Do not take any action that could damage or adversely affect the performance or proper functioning of the Platform.
Only use the Platform as authorized by these Terms or another agreement with us.
You may only use another MOVR’s personal information as necessary to facilitate a transaction using the Platform as authorized by these Terms.
Do not use the Platform, our messaging tools, or MOVRS’ personal information to send commercial messages without the recipient’s express consent.
You may use Content made available through the Platform solely as necessary to enable your use of the Platform as a Guest or Host.
Do not use Content unless you have permission from the Content owner or the use is authorized by us in these Terms or another agreement you have with us.
Do not scrape, hack, reverse engineer, compromise or impair the Platform.
Do not use bots, crawlers, scrapers, or other automated means to access or collect data or other content from or otherwise interact with the Platform.
Do not hack, avoid, remove, impair, or otherwise attempt to circumvent any security or technological measure used to protect the Platform or Content.
Do not decipher, decompile, disassemble, or reverse engineer any of the software or hardware used to provide the Platform.
Do not request, make, or accept a booking or any payment outside of the Platform to avoid paying fees, taxes or for any other reason.
Do not require or encourage MOVRs to open an account, leave a review, complete a survey, or otherwise interact, with a third party website, application or service before, during or after a session, unless authorized by WRKOUT.
Do not engage in any practices that are intended to manipulate our search algorithm. Do not use, copy, display, mirror or frame the Platform, any Content, any branding, or any page layout or design without our consent.
Do not use the name, logo, branding, or trademarks of or others without permission.
Do not use or register any domain name, social media handle, trade name, trademark, branding, logo, or other source identifier that may be confused with branding.
Do not offer services that violate the laws or agreements that apply to you.
Do not offer or solicit prostitution or participate in or facilitate human trafficking.
Platform Non-Discrimination Commitment
Each MOVR and TRNR will not at any time discriminate against any MOVR or TRNR because of race, color, religion, disability, sex, national origin, age, physical or mental disability, veteran status,or any other unlawful criterion and that it shall comply with all applicable laws against. TRNR further warrants that it shall comply with all applicable provisions of the Americans with Disabilities Act and any other provisions regarding accommodation of disabilities in the provision of services. WRKOUT seeks to build a vibrant, safe, and healthy community through its Platform. Verbal abuse, threats of physical harm, profanity, stalking, bullying directed at specific members of our community, or harassment of any kind will not be tolerated. If you feel like you've been harassed in any way please contact us at Solutions@Wrkout.com
The following content standards apply to any and all content, material, and information a user submits, posts, publishes, displays, or transmits (collectively, “submit”) to the Platform, to other users or other persons (collectively, “User Submissions”). You warrant and agree that any User Submissions shall not:
- (b) Include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, gender, gender identiy and/or gender expression, pregnancy, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in WRKOUT's sole discretion.
- (c) Involve stalking, attempting to exploit or harm any individual (including minors) in any way by exposing them to inappropriate content or otherwise or ask for personal information as prohibited under applicable laws, regulations, or code.
- (d) Involve, provide, or contribute any false, inaccurate, or misleading information.
- (e) Impersonate or attempt to impersonate WRKOUT, a WRKOUT employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
- (f) Transmit, or procure the sending of, any advertisements or promotions, sales, or encourage any other commercial activities, including, without limitation, any “spam”, “junk mail”, “chain letter”, contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation, in each case without our express written consent.
- (g) Encourage any other conduct that restricts or inhibits anyone's use or enjoyment of the Platform, or which, as determined by us, may harm the Platform or users of the Platform or expose them to liability.
- (h) Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person.
- (i) Promote any illegal activity, or advocate, promote, or assist any unlawful act.
Some of the information we collect is directly from you via the Website and Services. However, we may also collect Personal Information about you from other sources such as public databases, social media platforms, third-party data providers, and our joint marketing partners. Personal Information we collect from other sources may include demographic information, such as age and gender, device information, such as IP addresses, location, such as city and state, and online behavioral data, such as information about your use of social media websites, page view information and search results and links. You can choose not to provide us with your Personal Information, but then you may not be able to take advantage of some of the features on the Website. Users who are uncertain about what information is mandatory are welcome to contact us.
Use and Processing of Collected Information
You can access and use the Website and Services without telling us who you are or revealing any information by which someone could identify you as a specific, identifiable individual. If, however, you wish to use some of the features on the Website, you may be asked to provide certain Personal Information (for example, your name and e-mail address). We receive and store any information you knowingly provide to us when you create an account, publish content, make a purchase, or fill any online forms on the Website. When required, this information may include the following:
In order to make the Website and Services available to you, or to meet a legal obligation, we need to collect and use certain Personal Information. If you do not provide the information that we request, we may not be able to provide you with the requested products or services. Any of the information we collect from you may be used for the following purposes:
- Create and manage user accounts
- Fulfill and manage orders
- Deliver products or services
- Improve products and services
- Send administrative information
- Send marketing and promotional communications
- Respond to inquiries and offer support
- Request user feedback
- Improve user experience
- Post customer testimonials
- Deliver targeted advertising
- Administer prize draws and competitions
- Enforce terms and conditions and policies
- Protect from abuse and malicious users
- Respond to legal requests and prevent harm
- Run and operate the Website and Services
Processing your Personal Information depends on how you interact with the Website and Services, where you are located in the world and if one of the following applies: (i) you have given your consent for one or more specific purposes; this, however, does not apply, whenever the processing of Personal Information is subject to California Consumer Privacy Act or European data protection law; (ii) provision of information is necessary for the performance of an agreement with you and/or for any pre-contractual obligations thereof; (iii) processing is necessary for compliance with a legal obligation to which you are subject; (iv) processing is related to a task that is carried out in the public interest or in the exercise of official authority vested in us; (v) processing is necessary for the purposes of the legitimate interests pursued by us or by a third party.Note that under some legislation we may be allowed to process information until you object to such processing (by opting out), without having to rely on consent or any other of the following legal bases below. In any case, we will be happy to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Information is a statutory or contractual requirement, or a requirement necessary to enter into a contract.
Billing and Payments
In case of services requiring payment, we request credit card or other payment account information, which will be used solely for processing payments. Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted. Where necessary for processing future payments and subject to your prior consent, your financial information will be stored in encrypted form on secure servers of our reputed payment gateway service provider who is beholden to treating your Personal Information in accordance with this Policy. All direct payment gateways adhere to the latest security standards as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. Sensitive and private data exchange happens over a SSL secured communication channel and is encrypted and protected with digital signatures, and the Website and Services are also in compliance with PCI vulnerability standards in order to create as secure of an environment as possible for Users. Scans for malware are performed on a regular basis for additional security and protection.
Disclosure of information
Depending on the requested Services or as necessary to complete any transaction or provide any service you have requested, we may contract with other companies and share your information with your consent with our trusted third parties that work with us, any other affiliates and subsidiaries we rely upon to assist in the operation of the Website and Services available to you. We do not share Personal Information with unaffiliated third parties. These service providers are not authorized to use or disclose your information except as necessary to perform services on our behalf or comply with legal requirements. We may share your Personal Information for these purposes only with third parties whose privacy policies are consistent with ours or who agree to abide by our policies with respect to Personal Information. These third parties are given Personal Information they need only in order to perform their designated functions, and we do not authorize them to use or disclose Personal Information for their own marketing or other purposes.
We will disclose any Personal Information we collect, use or receive if required or permitted by law, such as to comply with a subpoena, or similar legal process, and when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request.
In the event we go through a business transition, such as a merger or acquisition by another company, or sale of all or a portion of its assets, your user account, and Personal Information will likely be among the assets transferred.
Retention of information
We will retain and use your Personal Information for the period necessary to comply with our legal obligations, resolve disputes, and enforce our agreements unless a longer retention period is required or permitted by law. We may use any aggregated data derived from or incorporating your Personal Information after you update or delete it, but not in a manner that would identify you personally. Once the retention period expires, Personal Information shall be deleted. Therefore, the right to access, the right to erasure, the right to rectification and the right to data portability cannot be enforced after the expiration of the retention period.
Transfer of information
Depending on your location, data transfers may involve transferring and storing your information in a country other than your own. You are entitled to learn about the legal basis of information transfers to a country outside the European Union or to any international organization governed by public international law or set up by two or more countries, such as the UN, and about the security measures taken by us to safeguard your information. If any such transfer takes place, you can find out more by checking the relevant sections of this Policy or inquire with us using the information provided in the contact section.
The rights of users
You may exercise certain rights regarding your information processed by us. In particular, you have the right to do the following: (i) you have the right to withdraw consent where you have previously given your consent to the processing of your information; (ii) you have the right to object to the processing of your information if the processing is carried out on a legal basis other than consent; (iii) you have the right to learn if information is being processed by us, obtain disclosure regarding certain aspects of the processing and obtain a copy of the information undergoing processing; (iv) you have the right to verify the accuracy of your information and ask for it to be updated or corrected; (v) you have the right, under certain circumstances, to restrict the processing of your information, in which case, we will not process your information for any purpose other than storing it; (vi) you have the right, under certain circumstances, to obtain the erasure of your Personal Information from us; (vii) you have the right to receive your information in a structured, commonly used and machine readable format and, if technically feasible, to have it transmitted to another controller without any hindrance. This provision is applicable provided that your information is processed by automated means and that the processing is based on your consent, on a contract which you are part of or on pre-contractual obligations thereof.
Where Personal Information is processed for the public interest, in the exercise of an official authority vested in us or for the purposes of the legitimate interests pursued by us, you may object to such processing by providing a ground related to your particular situation to justify the objection.
Data protection rights under GDPR
If you are a resident of the European Economic Area (EEA), you have certain data protection rights and WRKOUT Media Inc. aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Information. If you wish to be informed what Personal Information we hold about you and if you want it to be removed from our systems, please contact us. In certain circumstances, you have the following data protection rights:
You have the right to request access to your Personal Information that we store and have the ability to access your Personal Information.
You have the right to request that we correct any Personal Information you believe is inaccurate.
You also have the right to request us to complete the Personal Information you believe is incomplete.
You have the right to request the erase your Personal Information under certain conditions of this Policy.
You have the right to object to our processing of your Personal Information.
You have the right to seek restrictions on the processing of your Personal Information. When you restrict the processing of your Personal Information, we may store it but will not process it further.
You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.
You also have the right to withdraw your consent at any time where WRKOUT Media Inc. relied on your consent to process your Personal Information.
You have the right to complain to a Data Protection Authority about our collection and use of your Personal Information. For more information, please contact your local data protection authority in the European Economic Area (EEA).
California privacy rights
In addition to the rights as explained in this Policy, California residents who provide Personal Information (as defined in the statute) to obtain products or services for personal, family, or household use are entitled to request and obtain from us, once a calendar year, information about the Personal Information we shared, if any, with other businesses for marketing uses. If applicable, this information would include the categories of Personal Information and the names and addresses of those businesses with which we shared such personal information for the immediately prior calendar year (e.g., requests made in the current year will receive information about the prior year). To obtain this information please contact us.
How to exercise these rights
Any requests to exercise your rights can be directed to WRKOUT Media Inc. through the contact details provided in this document. Please note that we may ask you to verify your identity before responding to such requests. Your request must provide sufficient information that allows us to verify that you are the person you are claiming to be or that you are the authorized representative of such person. You must include sufficient details to allow us to properly understand the request and respond to it. We cannot respond to your request or provide you with Personal Information unless we first verify your identity or authority to make such a request and confirm that the Personal Information relates to you.
Privacy of children
We do not knowingly collect any Personal Information from children under the age of 13. If you are under the age of 13, please do not submit any Personal Information through the Website and Services. We encourage parents and legal guardians to monitor their children's Internet usage and to help enforce this Policy by instructing their children never to provide Personal Information through the Website and Services without their permission. If you have reason to believe that a child under the age of 13 has provided Personal Information to us through the Website and Services, please contact us. You must also be at least 16 years of age to consent to the processing of your Personal Information in your country (in some countries we may allow your parent or guardian to do so on your behalf).
Do Not Track signals
Some browsers incorporate a Do Not Track feature that signals to websites you visit that you do not want to have your online activity tracked. Tracking is not the same as using or collecting information in connection with a website. For these purposes, tracking refers to collecting personally identifiable information from consumers who use or visit a website or online service as they move across different websites over time. The Website and Services do not track its visitors over time and across third party websites. However, some third party sites may keep track of your browsing activities when they serve you content, which enables them to tailor what they present to you.
We offer electronic newsletters to which you may voluntarily subscribe at any time. We are committed to keeping your e-mail address confidential and will not disclose your email address to any third parties except as allowed in the information use and processing section or for the purposes of utilizing a third party provider to send such emails. We will maintain the information sent via e-mail in accordance with applicable laws and regulations.
In compliance with the CAN-SPAM Act, all e-mails sent from us will clearly state who the e mail is from and provide clear information on how to contact the sender. You may choose to stop receiving our newsletter or marketing emails by following the unsubscribe instructions included in these emails or by contacting us. However, you will continue to receive essential transactional emails.
Links to other resources
The Website and Services contain links to other resources that are not owned or controlled by us. Please be aware that we are not responsible for the privacy practices of such other resources or third parties. We encourage you to be aware when you leave the Website and Services and to read the privacy statements of each and every resource that may collect Personal Information.
We secure information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use, or disclosure. We maintain reasonable administrative, technical, and physical safeguards in an effort to protect against unauthorized access, use, modification, and disclosure of Personal Information in its control and custody. However, no data transmission over the Internet or wireless network can be guaranteed. Therefore, while we strive to protect your Personal Information, you acknowledge that (i) there are security and privacy limitations of the Internet which are beyond our control; (ii) the security, integrity, and privacy of any and all information and data exchanged between you and the Website and Services cannot be guaranteed; and (iii) any such information and data may be viewed or tampered with in transit by a third party, despite best efforts.
In the event we become aware that the security of the Website and Services has been compromised or users Personal Information has been disclosed to unrelated third parties as a result of external activity, including, but not limited to, security attacks or fraud, we reserve the right to take reasonably appropriate measures, including, but not limited to, investigation and reporting, as well as notification to and cooperation with law enforcement authorities. In the event of a data breach, we will make reasonable efforts to notify affected individuals if we believe that there is a reasonable risk of harm to the user as a result of the breach or if notice is otherwise required by law. When we do, we will send you an email.
Changes and amendments
We reserve the right to modify this Policy or its terms relating to the Website and Services from time to time in our discretion and will notify you of any material changes to the way in which we treat Personal Information. When we do, we will revise the updated date at the bottom of this page. We may also provide notice to you in other ways in our discretion, such as through contact information you have provided. Any updated version of this Policy will be effective immediately upon the posting of the revised Policy unless otherwise specified. Your continued use of the Website and Services after the effective date of the revised Policy (or such other act specified at that time) will constitute your consent to those changes. However, we will not, without your consent, use your Personal Information in a manner materially different than what was stated at the time your Personal Information was collected.
Acceptance of this policy
You acknowledge that you have read this Policy and agree to all its terms and conditions. By accessing and using the Website and Services you agree to be bound by this Policy. If you do not agree to abide by the terms of this Policy, you are not authorized to access or use the Website and Services.
If you would like to contact us to understand more about this Policy or wish to contact us concerning any matter relating to individual rights and your Personal Information, you may send an email to email@example.com
This document was last updated on April 28, 2021.
WRKOUT takes claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law.
Notice of Copyright Infringement
If you believe any materials accessible on or through the WRKOUT service (the "Platform") infringe your copyright, you may request removal of those materials (or access to them) from the Platform by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:
- The physical or electronic signature of the owner of the copyrighted work you believe to have been infringed, or of a person authorized to act on behalf of the owner.
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Platform, a representative list of such works.
- Identification of the material you believe to be infringing or to be the subject of infringing activity in a sufficiently precise manner to allow us to locate that material.
- Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated Copyright Agent to receive DMCA Notices is:
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity with regard to the Platform is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
If you believe that material you posted, utilized, accessed, disseminated or downloaded using the Platform was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a "Counter-Notice") by submitting written notification to our copyright agent (identified below). Pursuant to the DMCA, the Counter-Notice must include substantially the following:
- A physical or electronic signature of the subscriber.
- An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
- The subscriber’s name, address, and telephone number
- A statement under penalty of perjury that the subscriber has a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
- A statement that the subscriber will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which WRKOUT may be found) and that you will accept service of process from the person (or an agent of that person) who provided WRKOUT with the written notification to our Copyright Agent that is at issue.
Completed Counter-Notices should be sent to our Designated Copyright Agent to receive DMCA Notices using the contact information listed above. Upon receipt of a DMCA Counter-Notice substantially in the form above, WRKOUT will forward a copy of the Counter-Notice to the complaining party that lodged the original DMCA Notice alleging copyright infringement. The complaining party will then have ten (10) business days to notify WRKOUT’s Designated Copyright Agent that it has filed a lawsuit relating to the allegedly infringing material otherwise WRKOUT reserves the right to restore or cease disabling access to the material that is the subject of the DMCA Notice. Please be aware that if you knowingly materially misrepresent that material or activity with the Platform was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
It is our policy in appropriate circumstances to disable and/or terminate the accounts of subscribers who are repeat infringers. WRKOUT reserves the right to treat any subscriber for whom we receive multiple DMCA notices as a repeat infringer.