Posting date: December 1, 2013
Welcome to Method 5 Fitness ("M5," "we," "us," or "our"). M5 provides a fun and rewarding way for you to share your fitness experiences and successes. M5 subscription services provide our members with access to a wealth of content and tools that help you be physically fit ("Fitness Content") available or streamed over the Internet to certain Internet-connected TV's, computers, mobile device, and other devices ("M5 ready devices").
If you are a resident of the United States (including its possessions and territories), you agree to the Arbitration Agreement and class action waiver described in Section 15 to resolve any disputes with M5 (except for matters that may be taken to small claims court).
Health & Medical Disclaimer:
In becoming a Member with the intent of using the Service, you affirm that either (A) all of the following statements are true: (i) no physician has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician; (ii) you have never felt chest pain when engaging in physical activity; (iii) you have not experienced chest pain when not engaged in physical activity at any time within the past month; (iv) you have never lost your balance because of dizziness and you have never lost consciousness; (v) you do not have a bone or joint problem that could be made worse by a change in your physical activity; (vi) your physician is not currently prescribing drugs for your blood pressure or heart condition; (vii) you do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems; and (viii) you do not know of any other reason you should not exercise; or (B) your physician has specifically approved of your use of the Service.
And in becoming a Member with the intent of using the Service, you further affirm that either (A) all of the following statements are true: (i) you are not presently following a fitness or diet plan provided to you by a physician or other medical professional for health reasons; and (ii) you have not been medically diagnosed as suffering from diabetes, hypoglycemia, heart disease, high cholesterol or high blood pressure; or (B) your physician has specifically approved your use of the Service.
And if you are a woman, in becoming a Member with the intent of using the Service you further affirm that either (A) you are not pregnant, breastfeeding or lactating; or (B) your physician has specifically approved your use of the Service.
You are advised that health, diet & fitness advice is often subject to updating and refining due to medical research and developments. No assurance can be given that the Fitness Content will reflect the most recent findings or developments with respect to the particular material. You are encouraged to consult with your health care provider with any questions or concerns you may have regarding any health condition.
- Basic Terms
- You must be at least 13 years old to use the Service.
- You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos, comments, or other content via the Service.
- You are responsible for any activity that occurs through your account. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employer, M5 prohibits the creation of and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or provided to M5 upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
- You agree that you will not solicit, collect or use the login credentials of other M5 users.
- You are responsible for keeping your password secret and secure.
- You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Service, including, without limitation, your or any other person's credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
- You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your User Content (defined below), including but not limited to, copyright laws.
- You are solely responsible for your conduct and any data, text, messages, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, "User Content") that you submit, post or display on or via the Service.
- Any User Content that is uploaded, submitted, displayed, or posted to the Service will become the sole property of M5.
- M5 may use any User Content that is uploaded, submitted, displayed, or posted to the Service in any commercially reasonable manner without payment or compensation to you.
- M5’s use of User Content may be attributed to or include your name (first name and last name initial) or username, and general location.
- You must not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or M5.
- You must not create or submit unwanted email, comments, high 5s or other forms of commercial or harassing communications (a/k/a "spam") to any M5 users.
- You must not use domain names or web URLs in your username without prior written consent from M5.
- You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any M5 page is rendered or displayed in a user's browser or device.
- You must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
- Membership, Free Trials, Billing and Cancellation
- Ongoing Membership. Your M5 membership, which may start with a free trial, will continue month-to-month unless and until you cancel your membership or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, "Payment Method") to use the M5 Service. We will bill the monthly membership fee to your Payment Method. You must cancel your membership before it renews each month in order to avoid billing of the next month's membership fees to your Payment Method.
- Free Trials
- Your M5 membership may start with a free trial. The free trial period of your membership lasts for one month, or as otherwise specified during sign-up. Free trials may not be combined with any other offers. Free trials are for new and certain former members only. M5 reserves the right, in its absolute discretion, to determine your free trial eligibility.
- We will begin billing your Payment Method for monthly membership fees at the end of the free trial period of your membership unless you cancel prior to the end of the free trial period. To view the specific details of your membership, including monthly membership price and end date of your free trial period, visit our website and click the "My Membership" link on the "My Account" page. We may authorize your Payment Method through various methods, including authorizing it up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period.
- You will not receive a notice from us that your free trial period has ended or that the paying portion of your membership has begun. CLICK THE "MY ACCOUNT" LINK AT THE TOP OF ANY M5 FITNESS WEB PAGE (www.m5fitness.com) TO FIND CANCELLATION INSTRUCTIONS. We will continue to bill your Payment Method on a monthly basis for your membership fee until you cancel.
- Recurring Billing. By starting your M5 membership, you authorize us to charge you a monthly membership fee at the then current rate, and any other charges you may incur in connection with your use of the M5 Service to your Payment Method. Your M5 membership may also be used to periodically purchase M5 products or to set up an automatic monthly shipment of M5 products through its EasyShip program. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to promotional offers and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges.
- No Refunds. AFTER YOUR FIRST 30 DAYS, SUBSCRIPTION PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the Service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
- Payment Methods. You may edit your Payment Method information by visiting our website and clicking on the "My Account" link, available at the top of the pages of the M5 website. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, "Cancellation" below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.
- Cancellation. You may cancel your M5 membership at any time, and you will continue to have access to the M5 Service through the end of your monthly billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS OR UNWATCHED FITNESS CONTENT. To cancel, go to the "My Account" page on our website and follow the instructions for cancellation.
- M5 Service
- The M5 Service, and any content viewed through our Service, are for your personal and non-commercial use only. During your M5 membership, we grant you a limited, non-exclusive, non-transferable, license to access the M5 Service and view Fitness Content through the Service on a streaming-only basis for that purpose. Except for the foregoing limited license, no right, title or interest shall be transferred to you.
- You may view Fitness Content through the M5 Service only in geographic locations where we offer our Service and have licensed such Fitness Content. The content that may be available to watch will vary by geographic location. M5 will use technologies to verify your geographic location. YOU MAY WATCH ON UP TO SIX UNIQUE AUTHORIZED M5 FITNESS READY DEVICES AND THE NUMBER OF DEVICES ON WHICH YOU MAY SIMULTANEOUSLY WATCH IS LIMITED. Go to "My Account" page to see the number of devices on which you may simultaneously watch. The number of devices available for use and the simultaneous streams may change from time to time at our discretion without notice.
- We continually update the M5 Service, including the content library. In addition, we continually test various aspects of our Service, including our website, user interfaces, service levels, plans, promotional features, availability of movies and TV shows, delivery and pricing. We reserve the right to, and by using our Service you agree that we may, include you in or exclude you from these tests without notice. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we offer and operate our Service.
- The availability of Fitness Content to watch will change from time to time, and from country to country. The quality of the display of the streaming Fitness Content may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. M5 makes no representations or warranties about the quality of your viewing or watching experience on your display. The time it takes to begin watching a movie or TV show will vary based on a number of factors, including your location, available bandwidth at the time, the Fitness Content you have selected and the configuration of your M5 ready device.
- M5 streaming software is developed by, or for, M5 and is designed to enable streaming of content from M5 through M5 ready devices. This software may vary by device and medium, and functionalities may also differ between devices. BY USING OUR SERVICE, YOU ACKNOWLEDGE AND AGREE TO THE END USER LICENSE AGREEMENT (www.m5fitness.com/EULA) AND TO RECEIVE, WITHOUT FURTHER NOTICE OR PROMPTING, UPDATED VERSIONS OF THE M5 FITNESS AND RELATED THIRD-PARTY SOFTWARE. IF YOU DO NOT ACCEPT THE FOREGOING TERMS, DO NOT USE OUR SERVICE. WE DO NOT TAKE RESPONSIBILITY OR OTHERWISE WARRANT THE PERFORMANCE OF THESE DEVICES, INCLUDING THE CONTINUING COMPATIBILITY OF THE DEVICE WITH OUR SERVICE. By using our Service, you agree to look solely to the entity that manufactured and/or sold you the device for any issues related to the device and its compatibility with the M5 Service. If your M5 ready device is sold, lost or stolen, please deactivate the M5 ready device. If you fail to log out or deactivate your device, subsequent users may access the M5 Service through your account and may be able to access certain of your account information. To deactivate a device, follow instructions on the "My Account" page of our website (www.m5fitness.com/MyAccount).
- M5 Products
- Members are able to purchase M5 products at the current Member price.
- A Preferred Member is a Member that pays for 3 months of the Service up front, whether at the time of enrollment or any other time. Preferred Members may purchase M5 products at a discount over the current Member price. The discount granted to Preferred Members may change from time to time, in our sole discretion, and may vary from product to product.
- A Member may upgrade the account to a Preferred Member account at any time by paying for 3 months of the Service up front.
- After six (6) months of inactivity, a Preferred Member account will be reclassified as a Member and will be required to purchase M5 products at the Member price.
- Product Credits
- Each month M5 will place a credit on the account of Members that have referred other subscription members to M5 ("Referral Bonus").
- Product credits cannot be used to pay for the Service, but may be used to purchase other M5 products.
- Product credits will expire six (6) months after the credits were placed on your account.
- Product credits have no cash value and cannot be converted, exchanged, or transferred.
- Members may elect to receive their Referral Bonus in the form of cash instead of product credits. Members that elect to receive cash acknowledge that such payments may be subject to applicable income taxes and that we will require that you provide us with your Social Security Number as well as other applicable tax reporting information before we will issue Referral Bonuses in cash.
- Passwords & Account Access
- The member who created the M5 account and whose Payment Method is charged is referred to here as the Account Owner. The Account Owner has access and control over the M5 account. The Account Owner's control is exercised through use of the Account Owner's password and therefore to maintain exclusive control, the Account Owner should not reveal the password to anyone. In addition, if the Account Owner wishes to prohibit others from contacting M5 Customer Service and potentially altering the Account Owner's control, the Account Owner should not reveal the Payment Method details (e.g., last four digits of their credit or debit card, or their email address if they use PayPal) associated with their account. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.
- In order to provide you with ease of access to your account and to help administer the M5 Service, M5 implements technology that enables us to recognize you as the Account Owner and provide you with direct access to your account without requiring you to retype any password or other user identification when you revisit the M5 Service, which includes accessing via M5 ready devices or website.
- You should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the M5 website and not through a hyperlink in an email or any other electronic communication, even if it looks official. M5 reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. M5 is not obligated to credit or discount a membership for holds placed on the account by either a representative of M5 or by the automated processes of M5.
- Disclaimers of Warranties and Limitations on Liability
- THE M5 FITNESS SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE M5 FITNESS SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. M5 FITNESS DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE M5 FITNESS SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. M5 FITNESS SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, M5 FITNESS READY DEVICES, AND M5 FITNESS SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE).
- TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL M5 FITNESS, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.
- SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
- Gifts & Promotions. We may offer Gift Subscriptions for purchase on our websites. Your Payment Method will be charged for any purchased Gift Subscriptions. The purchase and redemption of Gift Subscriptions are subject to the Gift Subscription Terms (www.m5fitness.com/GiftTerms). Promotional codes may be redeemed on our website. Promotional codes can only be used once and cannot be redeemed for cash, resold or combined with any other offers, including a free trial. If you received a promotion code through an offer by a third party, additional restrictions may apply.
- Intellectual Property
- Copyright. The M5 Service, including all content provided on the M5 Service, is protected by United States and international copyright, trade secret or other intellectual property laws and treaties.
- Trademarks. Method 5 Fitness, M5 Fitness, and the shield mark are registered trademarks owned by Method 5 Reserve, LLC or 360 Complete Fitness, LLC. For information on use of M5 trademarks visit (www.m5fitness.com/MediaCenter).
- Patents. M5 has patents that apply to our Service. For information on M5 patents visit (www.m5fitness.com/patents).
- Claims of Copyright Infringement. If you believe your work has been reproduced or distributed in a way that constitutes copyright infringement or are aware of any infringing material available through the M5 Service, please notify us by completing the Copyright Infringement Claims form (www.m5fitness.com/copyrights).
- Governing Law
- You may also be entitled to certain consumer protection rights under the laws of your local jurisdiction.
- Applications. You may encounter third-party applications (including, without limitation, websites, widgets, software, or other software utilities) ("Application(s)") that interact with the M5 Service. These Applications may import data related to your M5 account and activity and otherwise gather data from you. These Applications are provided solely as a convenience to you, and M5 is not responsible for such Applications. SUCH APPLICATIONS ARE OWNED OR OPERATED BY THIRD PARTIES THAT ARE NOT RELATED TO WITH OR SPONSORED BY M5 FITNESS AND MAY NOT BE AUTHORIZED FOR USE WITH OUR SERVICE IN ALL COUNTRIES. USE OF AN APPLICATION IS AT YOUR OWN OPTION AND RISK.
- Use of Information Submitted. M5 is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Feedback"), including responses to questionnaires or through postings to the M5 Service, including the M5 website and user interfaces, without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the M5 Service. M5 will become the sole owner of any Feedback submitted to it. In addition, you agree not to enforce any "moral rights" in and to the Feedback, to the extent permitted by applicable law. Please note M5 does not accept unsolicited materials or ideas for Fitness Content, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to M5. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against M5 and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.
- Arbitration Agreement
- If you elect to seek arbitration or file a small claim court action, you must first send to M5, by certified mail, a written Notice of your claim ("Notice"). The Notice to M5 must be addressed to: General Counsel, Method 5 Fitness, LLC, 1182 South 1680 West, Orem, Utah 84058 ("Notice Address"). If M5 initiates arbitration, it will send a written Notice to the email address used for your membership account. A Notice, whether sent by you or by M5, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If M5 and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or M5 may commence an arbitration proceeding or file a claim in small claims court.
- You may download or copy a form Notice and a form to initiate arbitration at www.adr.org. You will be responsible for all filing fees.
- The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless M5 and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your residence.
- If your claim is for $10,000USD or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of M5’s last written settlement offer made before an arbitrator was selected (or if M5 did not make a settlement offer before an arbitrator was selected), then M5 will pay you the amount of the award or $1,000USD, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.
- YOU AND M5 AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and M5 agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.