PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS APP.
By
using this application (the “App”) on any computer, mobile phone, tablet, console or other
device (collectively, “Device”), you signify that you have read, understand and agree to be
bound by these Terms of Use and any other applicable law. BURNLIVE Apps, LLC may change
these Terms of Use at any time without notice, effective upon its posting to the App. Your
continued use of the App shall be considered your acceptance to the revised Terms of Use. If you
do not agree to these Terms of Use, please do not use this App.
Physical Activity Notice
The App may include features that promote physical activity. Consider the risks involved and
consult with your medical professional before engaging in any physical activity. BURNLIVE is
not responsible or liable for any injuries or damages you may sustain that result from your use of,
or inability to use, the features of the App.
Intellectual Property:
All intellectual property on the App is owned by BURNLIVE or its licensors, which includes
materials protected by copyright, trademark, or patent laws. All trademarks, service marks and
trade names are owned, registered, and/or licensed by BURNLIVE. All content on the App
(except for Personal Information), including but not limited to text, software, scripts, code,
designs, graphics, photos, sounds, music, videos, applications, interactive features and all other
content (“Content”) is a collective work under the United States and other copyright laws and is
the proprietary property of BURNLIVE; All rights reserved.
App Use Restrictions
You may use the Content only for your own non-commercial use to use the App. You agree not
to change or delete any ownership notices from materials downloaded or printed from the App.
You agree not to modify, copy, translate, broadcast, perform, display, distribute, frame,
reproduce, republish, download, display, post, transmit or sell any Intellectual Property or
Content appearing on the App, including Personal Information (defined below), without
BURNLIVE’s prior written consent, unless it is your own Personal Information that you legally
post on the App. You agree not to use any data mining, robots, scraping, or similar data
gathering methods. Nothing in these Terms of Use shall be interpreted as granting any license of
intellectual property rights to you.
Personal Information
To use the App, you may be asked to provide certain personal information (the “Personal
Information”), including information about your weight, age, and gender, to optimize your use of
the App. If you choose to provide such Personal Information, you agree to provide accurate and
current information about yourself, and BURNLIVE will not be responsible for any injury
related to any Personal Information you submit to the App or omit. The use or disclosure of any
Personal Information you supply will be governed by our Privacy Policy.
Links
The App may contain links to websites, applications or other products or services operated by
other companies (“Third Party Platforms”). BURNLIVE does not endorse, monitor or have any
control over these Third-Party Platforms, which have separate terms of use and privacy policies.
BURNLIVE is not responsible for the content or policies of Third-Party Platforms and you
access such Third-Party Platforms at your own risk.
Mobile Services
The App contains services and features that are available to certain mobile Devices. Your
carrier’s normal rates and fees apply. Not all mobile services will work with all carriers or
Devices. By using BURNLIVE’s mobile services, you agree that we may communicate with you
by electronic means to your mobile Device and that certain information about your use of these
services may be shared with us. If you change or deactivate your mobile phone number, you
must promptly update your account information to ensure that we do not send your messages to a
different person.
Indemnification
You agree to indemnify, defend, and hold harmless BURNLIVE APPS, LLC, its affiliates,
officers, directors, employees, agents, licensors and suppliers from and against all claims, losses,
liabilities, expenses, damages and costs, including, without limitation, attorneys’ fees, arising
from or relating in any way to your Personal Information, your use of the App, your conduct in
connection with the App or with other App users, or any violation of these Terms of Use, any
law or the rights of any third party.
User Interaction Disclaimer
You are solely responsible for your interactions with other people, whether online or in person.
BURNLIVE is not responsible or liable for any loss or damage resulting from any interaction
with other App users, persons you meet through the App, or persons who find you because of
information posted on, by or through the App. You agree to take reasonable precautions in all
interactions with other users on the App and conduct any necessary investigation before meeting
another person. BURNLIVE is under no obligation to become involved with any user dispute but
may do so at its own discretion.
Warranty Disclaimer
BURNLIVE is not responsible or liable for any Personal Information posted on the App or for
any offensive, unlawful or objectionable content you may encounter on or through the App. The
App is provided “AS IS” and without warranties of any kind. To the fullest extent permitted by
law, BURNLIVE disclaims all warranties, express or implied, including, but not limited to,
implied warranties of title, merchantability, fitness for a particular purpose and non-
infringement. BURNLIVE cannot guarantee and does not promise any specific results from use
of the App. BURNLIVE does not represent or warrant that the App will be uninterrupted or
error-free, that any defects will be corrected, or that this App or the server that makes the App
available are free of viruses or anything else harmful. To the fullest extent permitted by law,
BURNLIVE does not make any warranties or representations regarding the use of the materials
or Content in the App in terms of their correctness, accuracy, adequacy, usefulness, reliability or
otherwise. You understand and agree that you download or otherwise obtain Content at your own
risk, and that you will be solely responsible for your use and any damage to your mobile Device,
computer system or other Device in which you access the App, loss of data or other harm of any
kind that may result. BURNLIVE reserves the right to change any and all Content and other
items used or contained in the App at any time without notice. Some states do not permit
limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
BURNLIVE SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL,
INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING FOR ANY LOST PROFITS
OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE,
THIS APP OR THE CONDUCT OF OTHER APP USERS (WHETHER ONLINE OR
OFFLINE) OR ATTENDANCE AT A DAILY WORKOUT EVENT OR ANY PERSONAL
INFORMATION, EVEN IF DAILY WORKOUT HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR
YOUR USE OF THE APP. YOUR ONLY REMEDY AGAINST BURNLIVE FOR USE OF
THE APP OR ANY CONTENT IS TO STOP USING THE APP. THAT SAID, IF DAILY
WORKOUT IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH
IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS APP OR ANY CONTENT,
BURNLIVE’S LIABILITY SHALL NOT EXCEED US$100.00. APPLICABLE LAW MAY
NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY
NOT APPLY TO YOU.
Miscellaneous
You agree that this App shall be deemed a passive website solely based in the United States
unless otherwise stated, which does not give rise to personal jurisdiction over BURNLIVE in
jurisdictions outside the U.S. or any restricted jurisdiction. You agree that this App, Terms of
Use, Privacy Policy and any dispute between you and BURNLIVE shall be governed in all
respects by OHIO law, without regard to choice of law provisions, and not by the 1980 U.N.
Convention on contracts for the international sale of goods. Except where prohibited, you agree
that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to
this App (including but not limited to the purchase of BURNLIVE products) shall be resolved
individually, without resort to any form of class action, and exclusively in the state or federal
courts located in Cuyahoga County, OHIO. You consent to waive all defenses of lack of personal
jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and
federal courts of Cuyahoga County, OHIO. Any cause of action or claim you may have with
respect to the App (including but not limited to the purchase of BURNLIVE products) must be
commenced within one (1) year after the claim or cause of action arises. By using the App, you
agree to receive certain electronic communications from BURNLIVE. You agree that any notice,
agreement, disclosure, or other communication that BURNLIVE sends you electronically will
satisfy any legal communication requirements, including that such communications be in
writing. BURNLIVE’s failure to insist upon or enforce strict performance of any of these Terms
of Use shall not be considered a waiver of any provision or right. Neither the course of conduct
between the parties nor trade practice shall modify any of these Terms of Use. BURNLIVE may
assign its rights and duties under these Terms of Use to any party at any time without notice to
you.
Training
BURNLIVE fitness professionals have access to various locations to optimize the user
experience. If a trainer/user does not have access or permission to utilize a facility and a session
has commenced, BURNLIVE will not be responsible for any fees assessed or interruptions of
services.
Severability
If any provision in these Terms of Use is held invalid, the remainder of these Terms of Use shall
continue to be enforceable. If any provision in these Terms of Use is deemed unlawful, void, or
unenforceable, then that provision is deemed severable from these Terms of Use and the
remaining provisions are still valid and enforceable.
Diversity, Equity, and Inclusion
BURNLIVE has a no tolerance policy for racism and discrimination of any kind. We believe in
establishing and maintaining the Equity, Diversity, and Inclusion Commission to promote social
justice and diversity in all association activities; we will monitor and address issues related, but
not limited to, race, ethnicity, culture, age, gender, sexual orientation, gender identity, ability,
national origin, veteran status, social economic class, religion, and professional status; and
ensure we have educational resources and opportunities available for our fitness professionals
and customers where applicable.
Termination
BURNLIVE reserves the right in its sole discretion to terminate your account, delete your profile
and any of your Personal Information, and restrict your use of all or any part of the App for any
or no reason, without notice, and without liability to you or anyone else. BURNLIVE also
reserves the right to block users from certain IP addresses or Device numbers and prevent access
to the App. These Terms of Use remain in effect even after your account is terminated. The
Terms of Use relating to Intellectual Property, Indemnification, User Interaction Disclaimer,
Warranty Disclaimer, Limitation of Liability, Miscellaneous, Severability and terms that by their
nature may survive termination shall survive any termination.