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Terms & Conditions

CRUNCH, LLC

TERMS OF SERVICE. This is a Terms of Use Agreement for use of crunchlive.com website (hereinafter referred to as the “Website”, “Crunch Live”, and/or the “Services”). This Website is owned by Crunch, LLC (hereinafter referred to as “Crunch”).

THE INFORMATION PRESENTED ON THIS WEBSITE IS IN NO WAY INTENDED AS MEDICAL ADVICE OR AS A SUBSTITUTE FOR MEDICAL TREATMENT. THIS INFORMATION SHOULD ONLY BE USED IN CONJUNCTION WITH THE GUIDANCE AND CARE OF YOUR PHYSICIAN. CONSULT YOUR PHYSICIAN BEFORE BEGINNING ANY DIET, NUTRITION, OR FITNESS PLAN OFFERED THROUGH THE WEBSITE. YOUR PHYSICIAN SHOULD ALLOW FOR PROPER FOLLOW-UP VISITS AND INDIVIDUALIZE YOUR DIET, NUTRITION, OR FITNESS PLAN AS APPROPRIATE. NOTHING STATED OR PRESENTED ON THE WEBSITE IS INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER IF YOU HAVE ANY QUESTIONS REGARDING A MEDICAL CONDITION, YOUR DIET, NUTRITIONAL SUPPLEMENTS, AN EXERCISE REGIMEN, OR ANY OTHER MATTER RELATED TO YOUR HEALTH AND WELL-BEING.

By registering as a subscriber or by using Crunch Live in any way, you accept these Terms of Use (“Agreement”), which forms a binding agreement between you and Crunch. If you do not wish to be bound by this Agreement, do not use Crunch Live. Crunch reserves the right to refuse or cancel your account. We also reserve the right to cancel your subscription should you violate any provision of this Agreement, or any other posted policy on the Website. The contents of this Website, including the videos, text, graphics, images, and information obtained from Crunch Live′s third-party content providers, sponsors, suppliers, and licensors (collectively “Providers”), and any other materials are to be used for informational purposes only.

CHILDREN’S USE. Crunch Live is not directed toward children under the age of 13 and we do not knowingly collect information from children under the age of 13 through the Website. If you believe that a child has provided information to us through the Website, please contact us by email at Info@crunchlive.com

LICENSE AND ACCESS. Crunch grants you a limited license to access the Website. This license is solely for your individual use and may not be transferred to anyone else. This license does not include any resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. The Website or any portion thereof may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without the express prior written consent of Crunch.

SUBSCRIPTION ACCOUNT. You must register as a subscriber by providing a user name, password, and valid email address. You must provide complete and accurate registration information to Crunch Live and notify us if your information changes. You are responsible for maintaining the confidentiality and security of your password and all other account information, and you are fully responsible and liable for all access to and use of Crunch Live that occur under your password or account.

TRIAL PERIOD. Your Crunch Live subscription may start with a free trial. The free trial period of your subscription lasts for one week, or as otherwise specified during sign-up. Free trials may not be combined with any other offers. You must have Internet access and a current valid, verified and accepted payment method as indicated during sign-up (“Payment Method”), to use our service. If you or another subscriber of your household has been a Crunch Live subscriber within the last 12 months, or if your Payment Method, physical address or email address have been associated with a Crunch Live subscription, or if you are streaming from a Crunch Live ready device that has been previously activated on a different Crunch Live account, you are not eligible to receive a free trial.

If your Crunch Live account is terminated due to a violation of this Agreement, Crunch will not reimburse you for the remainder of paid month. Nor will reimbursements be made for subscriber cancellations that are made outside of the time period indicated in this Agreement.

Monthly. Crunch Live monthly subscribers are billed monthly. All monthly subscriptions are renewed automatically until canceled in accordance with the terms set forth herein. Subscribers may cancel their subscription by cancelling 5 days prior to the monthly renewal date in order to avoid Crunch Live charges for the following month. To cancel monthly subscription, click the Cancel Subscription link under My Account.

PIF. Crunch Live PIF subscribers are billed annually. All PIF subscriptions are renewed automatically until canceled in accordance with the terms set forth herein. Subscribers may cancel their subscription by cancelling 5 days prior to the annual renewal date in order to avoid Crunch Live charges for the following year term. A pro-rated refund will occur based on cancellation date and expiration date. To cancel PIF subscription click the Cancel Subscription link under My Account.

LIMITATION OF LIABILITY. To the fullest extent permitted by applicable laws, Crunch will in no event be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from or in connection with any use of the Website and/or the Services, and/or any website with which they are linked, and/or any content, information, products or services accessible through the Website and/or the Services, even if Crunch has been advised of the possibility of such losses or damages. Notwithstanding anything to the contrary contained herein, the aggregate liability of Crunch to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Crunch for Crunch Live Services.

INDEMNITY. You agree to indemnify, defend, and hold harmless Crunch and its affiliates, directors, officers, employees, and agents, from and against all claims, damages, losses and costs that: (i) arise from your activities on or associated with your use of Crunch Live; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to Crunch violates any law or infringes any third party right, including any intellectual property or privacy right.

DISCLAIMER. Crunch reserves the right to modify Crunch Live. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to Crunch Live. Crunch has no obligation to screen or monitor any content and does not guarantee that any content available on Crunch Live complies with this Agreement or is suitable for all users.

Crunch provides Crunch Live on an “as is” and “as available” basis. You therefore use Crunch Live at your own risk. Crunch expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, Crunch makes no representations or warranties:

That Crunch Live will be permitted in your jurisdiction;
That Crunch Live will be uninterrupted or error-free;
Concerning any content submitted by any subscriber;
Concerning any third party’s use of content that you submit
That Crunch Live will meet your personal or professional needs;
That Crunch will continue to support any particular feature of Crunch Live.
Concerning sites and resources outside of Crunch Live, even if linked to from Crunch Live.

To the extent that a secondary party may have access to or view Crunch content on your computer or mobile device, you are solely responsible for informing such party of all disclaimers and warnings in this Agreement.

To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used Crunch Live, and no warranties shall apply after such period.

COPYRIGHT. Copyright © Crunch IP Holdings, LLC. All materials and contents contained on the Website (including but not limited to the text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software), and the Website itself, are copyrighted materials belonging exclusively to Crunch, Crunch IP Holdings, LLC, or its content suppliers and are protected by United States and international copyright law. Crunch and Crunch IP Holdings, LLC enforces its copyright interests to the fullest extent permitted under the law, and shall seek civil and criminal remedies where appropriate, including the remedies provided for under sections 501 et seq. of Title 17 of the U.S. Code. All rights are reserved.

HEALTH AND MEDICAL CONCERNS. Crunch Live includes information and instruction relating to exercise and fitness. You acknowledge and agree that the following warnings and disclaimers shall apply to all such information, instruction and services.

Before participating in any exercise program or using any fitness products or services that may be described and/or made accessible in or through Crunch Live, we strongly recommend that you consult with a physician or other healthcare provider. Crunch, its staff and the content-providers are not licensed medical care providers, are not rendering personal medical advice or treatment, and have no expertise in advising on, diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise on a known or unknown medical condition.

Crunch Live services are not intended to be a substitute for professional medical advice, diagnosis, or treatment. You acknowledge and agree that when participating in any exercise or exercise program, and/or when using any fitness products or services, there is the possibility of physical injury and/or death, and you assume the risk and responsibility for any such results.

You should never disregard medical advice or delay seeking it because of a statement you have read on the Website and/or the Services. Crunch Live should not be used in lieu of advice given by qualified medical professionals such as your doctor or registered dietitian. It is important that Crunch Live is used only in conjunction with qualified medical guidance. If you know or suspect that you may be pregnant, have an eating disorder, have diabetes, or have any other physical or medical condition, it is imperative that you seek the advice of your doctor prior to using the Website and/or the Services.

In addition to consulting with your doctor before beginning an exercise or dietary program, keep the following checklist in mind when developing your program in conjunction with your health care provider. Bear in mind that this checklist is not exhaustive and does not take the place of a consultation with your healthcare provider.

After exercise do you frequently experience chest pains?
Do you get dizzy when you exercise?
Are you breathless after exercising?
Do you take medication for high blood pressure?
Do you have joint problems?
Do you have a medical condition, which might need special attention when exercising, for example diabetes?
Have you been physically active in the past?
Do you have a heart condition that requires supervised physical activity?

If you experience any discomfort or pain during an exercise routine you must immediately cease the activity and seek the assistance of a physician.

INTERNATIONAL USE. Due to the global nature of the Internet, you acknowledge and agree that you are obliged to comply with all applicable laws, rules and regulations regarding the access to and use of Crunch Live. By way of example only, you acknowledge and agree that you are obliged to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside, and that restrictions on access to and/or use of some Site Content may apply to users based on their place of domicile, residence and/or use.

GOVERNING LAW: This Agreement shall be governed by the laws of the State of New York, United States of America, without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply.

DISPUTES: Any action arising out of or relating to this Agreement or your use of the Crunch Live Service must be commenced in the state or federal courts located in New York County, New York, United States of America (and you consent to the jurisdiction of those courts). In any such action, Crunch and you irrevocably waive any right to a trial by jury.

INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES: Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by Crunch in exercising any right hereunder will waive any further exercise of that right. Crunch ’s rights and remedies hereunder are cumulative and not exclusive.

SUCCESSORS; ASSIGNMENT; NO THIRD-PARTY BENEFICIARIES: This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without Crunch’s prior written consent. No third party shall have any rights hereunder.

NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from Crunch electronically. Crunch may provide all such communications by email or by posting them on the Crunch Live Site. Nothing herein shall limit Crunch ’s right to object to subpoenas, claims, or other demands.

MODIFICATION: This Agreement may not be modified except by a revised Terms of Service posted by Crunch on the Crunch Live Site or a written amendment signed by an authorized representative of Crunch. A revised Terms of Service will be effective as of the date it is posted on the Crunch Live Site.

PRIVACY POLICY: By agreeing to this Agreement, you also consent to the privacy practices set forth in our Privacy Policy set forth on crunch.com at https://www.crunch.com/privacy-policy.

ENTIRE AGREEMENT: This Agreement constitutes the entire understanding between Crunch and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same.

Privacy Policy

Effective January 1, 2020

CRUNCH, LLC

At Crunch, we respect the privacy of our users and the importance of the information they entrust to us. With this in mind, we provide you this privacy policy (the “Policy”) to help you understand the kinds of information we may gather about you when you visit the Site or use any of our Services, how we may use and disclose the information, and how you can control, correct and/or update the information. By visiting the Crunch Live website (“Crunch Live”), you are accepting the policies and practices described in this Policy. Each time you visit the Crunch Live website, you agree and expressly consent to our collection, use and disclosure of the information that you provide as described in this Policy.

In order to provide the best possible service and to allow us to make certain internal reports and make recommendations, we collect aggregate information about the use of Crunch Live, including information about users accessing the Website or viewing Crunch Widgets or using Crunch Apps on other sites, such as internet protocol addresses, browser type, browser language, referring / exit pages and URLs, other browser history, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, and the date and time (“Activity Information”).

By using Crunch Live, you consent to our retaining all the above-described information in anonymous form indefinitely.

INFORMATION WE COLLECT. We may collect information that can identify you (“Personal Information”), such as your name, email address, date of birth, zip code when you provide it to us when using our website or in some other manner.

We also may collect other types of information in the following ways when you visit Crunch Live:

Our server logs automatically collect information, such as your IP address, your browser type and language, and the date and time of your visit, which helps us track users’ movements around our site and understand trends.
We may assign your computer one or more cookies which may collect information to facilitate access to our website and to personalize your online experience.
We may use standard Internet tools, such web beacons, which collect information that tracks your use of our website and enables us to customize our services and advertisements.

We do not knowingly collect Personal Information from children under the age of 13. Should we ever do so, we will comply with the Children’s Online Privacy Protection Act.

INFORMATION SECURITY. We take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. These include internal reviews of our data collection, storage and processing practices and security measures, as well as physical security measures to guard against unauthorized access to systems where we store personal data.

We restrict access to Personal Information to Crunch employees, contractors and agents who need to know that information in order to operate, develop or improve our services. These individuals are bound by confidentiality obligations.

THIRD PARTY LINKS. The Crunch Live website may link to websites operated by third parties that we do not control. We do not monitor, control, or endorse the information collection or privacy practices of any third parties. We strongly encourage you to become familiar with the privacy practices of every website you visit and to contact them if you have any questions about their respective privacy policies and practices. This Policy applies solely to information collected by us through the Crunch Live website or services and does not apply to these third-party websites. The ability to access information of third parties from the Crunch Live website or services, or links to other websites or locations, is for your convenience only and does not signify our endorsement of such third parties, their products, services, websites, locations, or their content.

California Rights

If you are a California resident, subject to applicable law and verification, you may have the following rights in relation to personal information, as defined by the California Consumer Privacy Act:

Right to Know: You may request a copy of the following related to the information we collect about you:
• the categories of personal information we have collected about you;
• the categories of sources from which the personal information is collected;
• the business or commercial purpose for collecting your personal information;
• the categories of third parties with whom we have shared your personal information; and
• the specific pieces of personal information we have collected about you.

Right to Delete: You may request that we delete any personal information we have collected from you.

If you wish to exercise any of these rights, please submit your request via one of the following methods:
• Email us your request at privacy@crunch.com
• Mail us your request to: Crunch LLC, P.O. Box 1918, Old Chelsea Station, NY 10011

We do not discriminate against you based on you exercising any of the above rights.

Other Rights

If you are a California resident you may also request certain information about our disclosure of information about you to third parties for their own direct marketing purposes during the preceding calendar year. This request is free and may be made once a year by contacting us as below.

If you are a member under 18 years of age, and a California resident, you have the right to request removal of unwanted information that you publicly post on our Website. To request removal of such information, please contact us as below. Upon receiving such a request, we will make sure that the information is not publicly available on our website, but the information may not be completely or comprehensively removed from our systems and databases.

Your browser may offer you a “Do Not Track” option, which allows you to signal to operators of websites and web applications and services (including behavioral advertising services) that you do not wish such operators to track certain of your online activities over time and/or across different websites. We do not support Do Not Track requests at this time.

CHANGES TO THIS POLICY. Please note that this Policy may change from time to time. We will not reduce your rights under this Policy without your explicit consent, and we expect most such changes will be minor. Regardless, we will post any Policy changes on this page and, if the changes are significant, we will provide a more prominent notice (including, for certain services, email notification of Policy changes). Each version of this Policy will be identified at the top of the page by its effective date, and we will also keep prior versions of this Privacy Policy in an archive for your review.

YOUR CONSENT. By using our Website, you consent to the collection and use of information by Crunch as set forth in this Policy. If we decide to change our Policy, we will post those changes on this page so that you will always be aware of what information we collect, how we use it, and under what limited circumstances we disclose it. Continued access or use of the Website shall constitute your express acceptance of any modifications to this Policy.