iFIT Terms of Membership
Last Updated December 29, 2022
Last Reviewed December 29, 2022
1. Acknowledgement and Acceptance of these Terms.
These Terms govern your access to and use of: (i) iFIT’s virtual coaching, activity, fitness, and wellness services; and (ii) any downloadable applications, Content (defined below), or interface provided by us, including iFIT-controlled social media pages (including Facebook, Instagram, and Twitter), (collectively, the “iFIT Services”) whether as a member or a non-subscriber user.
Notwithstanding anything to the contrary in these Terms, the iFIT Services may be subject to special terms and conditions for your country of residence as set forth in Appendix A hereto.
2. iFIT Services; Equipment.
The iFIT Services may include the following services, features, functionality, and Content: (i) video workouts; (ii) customization, management, mapping, user-led geolocation functionality, routing, tracking, and exercise analysis; support, maintenance, (iii) Virtual Items (defined herein) or activities; and (iv) other services as iFIT may offer to members from time to time. The iFIT Services are continually changing and as such we may change or discontinue any part of the iFIT Services, at any time and without notice, at our sole discretion. From time to time, we may offer certain customers various trial or other promotional memberships, which are subject to these Terms except as otherwise stated in the trial or promotional offer. We may limit the number of promotions for which you may be eligible in any given period, in our sole discretion.
You are responsible for providing, at your own expense, all equipment necessary to use and access the iFIT Services, including: (i) the iFIT equipment and accessories of your choosing; (ii) an internet-enabled browsing device (e.g., a computer, tablet, or other device); and (iii) internet access paid for by You. iFIT may track and record the function of your equipment and your use of the iFIT Services to improve the iFIT Services we provide.
3. Modifications to Membership Terms.
We may update these Terms at any time. If we do so, you will receive a notification via email and your membership account. Modifications will be effective on the date that they are posted to www.ifit.com (as indicated by a revised “Last Updated” date at the top of the revised Terms). It is important that you review updates to these Terms before you use or access the iFIT Services. You will not be permitted to continue to access the iFIT Services until you accept any updates to these Terms.
4. License to Use the iFIT Services.
Subject to your compliance with these Terms, and solely for so long as you are permitted by us to access and use the iFIT Services, iFIT grants you a limited, non-transferable, non-exclusive, revocable right and license to access and use the iFIT Services for your own personal, non-commercial purposes. You may not assign or sublicense to any other person.
This license includes the right to view Content (defined below) available on the iFIT Services and the right to download one copy of the application to any single device for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. You may not reproduce, redistribute, sell, transfer, create derivative works from, decompile, reverse engineer, or disassemble the iFIT Services, nor will you take any measures to interfere with or damage the iFIT Services. You may not to copy or modify any Content or use Content for any purpose other than for your own personal, non-commercial use of the iFIT Services, including the use of any such Content on any other website or networked computer environment. This license will remain in effect unless and until you (i) violate these Terms, or (ii) this license is terminated by you or us in accordance with these Terms.
5. Prohibited Uses.
You represent and warrant to us that you will not use any iFIT Services for any purpose that is contrary to any applicable laws, rules, or regulations in your relevant jurisdiction, or otherwise prohibited by these Terms. Notwithstanding the foregoing, you agree that you will and shall not: (i) use cheats, automation software (bots), hacks, mods or any other software designed to modify the iFIT Services; (ii) use the iFIT Service, or any part thereof for any commercial purpose; (iii) use any third-party software that intercepts, "mines," or otherwise collects information from or through iFIT Services, including any software that reads areas of RAM used by such iFIT Services to store information;(iv) modify or cause to be modified any files that are a part of the iFIT Services in any way not expressly authorized by us; (v) host, provide or develop services for an iFIT Service which may result in the downloading of iFIT data and use of iFIT data on your own networks or websites, or intercept, emulate or redirect the communication protocols used by us in any way, for any purpose, including without limitation, unauthorized play over the internet, network play, or as part of content aggregation networks or otherwise download data to your own networks and/or websites; (vi) facilitate, create or maintain a connection to any iFIT Services, including: any connection to any server that emulates, or attempts to emulate, such iFIT Services; or any connection using programs or tools not expressly approved by us, except for your personal use; (vii) disrupt or assist in the disruption of: any computer used to support the iFIT Service or any game environment, or any other user's use of the iFIT Services; or (viii) For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
6. Use by Minors.
The iFIT Services are intended for use by users who are at least eighteen (18) years of age. Except as set forth in Section 5.2 below, any use of or access to the iFIT Services by anyone under eighteen (18) is unauthorized, unlicensed and in violation of these Terms. By using iFIT Services, you certify that you are eighteen (18) or older, or that you are over the age of sixteen (16) and your parent or guardian has complied with the provisions at paragraph 5.2.
No child under the age of sixteen (16) years of age (a “Child”) may access or use the iFIT Services. Subject to the laws of your country of residence, children over the age of sixteen (16) years of age (a “Minor”) may establish and utilize the iFIT Services only with parent or guardian supervision and approval. iFIT permits the main account holder of an iFIT Family membership to create secondary accounts for children 16 years old and older. When created, the secondary accounts will be shown on the console of your equipment on the initial screen allowing your family to select whose account to use for a workout session. If you permit your Minor or legal ward to use an account for iFIT Services, you hereby agree to these Terms on behalf of yourself and your Minor, and you understand and agree that you will be responsible for all uses of the iFIT Services by your Minor whether or not such uses were authorized by you.
When you create an account, and provided you are aged eighteen or over, the default privacy setting is "public" and other members of the community may see information about your use of the iFIT Services, including things like the date you signed up; the date, statistics, and associated location of each workout that you completed; your overall workout statistics; who you are following and who is following you; how many pieces of equipment are connected to your account; etc.
To change your privacy settings to "private," log in to your account and select Settings under your name in the right-hand corner. Select the SETTINGS tab on the dark grey menu bar. Scroll down the page to PRIVACY and check the box in front of "My profile is private." Please note that while your account may be private, other members of the community may still find your name from searching the community and send you "follow requests" and messages.
If a user of the iFIT Services is a Minor, the default privacy setting is "Private" and any change to a "public" privacy setting is subject to us receiving the express written consent of such Minor’s parent or legal guardian.
The iFIt Services may provide certain functionality that permits you to, in your discretion, upload data regarding your real-time geographic location (“Geolocation Data”) to your profile when synced with your account. This Geolocation Data may be date stamped and available for public display if your profile has not been set to the "My profile is private" setting. We do not gather or collect geolocation data from you but may display Geolocation Data that you have chosen to upload to your profile based on your profile settings. You acknowledge and agree that Geolocation is User Content for the purposes of these Terms.
8. Commitment Periods; Account Information.
When you enroll in an iFIT membership, whether in person, via phone or exercise machine console, on www.ifit.com or another of iFIT's websites and have paid the relevant membership fee, you will receive access to the iFIT's Services you have subscribed to for the duration of the membership period selected by you during registration (the “Commitment Period”). It is your responsibility to review your account for your current Commitment Period. You can extend your Commitment Period at any time. All active iFIT subscriptions are set up to be automatically renewed at the end of the Commitment period unless you choose to cancel the auto-renewal of your subscription. You may cancel auto-renewal at anytime.
You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account, whether or not permitted or authorized by you. Therefore, you must take steps to ensure that others do not gain access to your password and account.
9. Fees, Payment and Billing.
Upon enrollment, you will select either a monthly payment option (“Monthly Payment Option”) or an annual payment option (“Annual Payment Option”), depending on your Commitment Period. You expressly agree that we are authorized to charge to your chosen payment method the monthly or annual fee for your membership, as applicable, at the currently advertised rate, together with any other costs, taxes, or incidental charges you incur in connection with your use of the iFIT Services (collectively the “Membership Fees”).
Please note that Membership Fees are subject to change with notice to your email address associated with your account. It is your responsibility to ensure that the email address associated with your account is correct and that your email account will receive emails from us.
The Membership Fee will be billed to your payment method on the first day of your membership (the “Start Date”) and then on the corresponding calendar day at each subsequent billing interval (month, or year, as agreed upon during registration) thereafter (the “Bill Date”) during your Commitment Period. In the event your membership began on a day not contained in a given month, we will bill your payment method on the last day of the month following your Start Date. For example, if your Start Date was May 31st, and you are on a monthly payment schedule, your next Bill Date is June 30th. As used in herein, a "bill" shall indicate either a charge or debit, as applicable, to your payment method.
You authorize us to bill your payment method for Membership Fees on your Bill Date and to update and retain information about the payment method associated with your account during your Commitment Period and any Renewal Term.
Each time you make a purchase through iFIT, you reaffirm that (i) we are authorized to bill your designated payment method; (ii) we may submit Membership Fees incurred under your account for payment; and (iii) Subject to paragraph 9 below you will be responsible for such Membership Fees, even if your membership is cancelled or terminated subsequent to your purchase.
You are responsible for all Membership Fees incurred under your account made by you or anyone who uses your account (including, but not limited to, your children, family, or friends). After thirty (30) days from the date of any unpaid charges we may terminate or suspend your account for non-payment provided we have provided you with at least 7 days' notice and given you the opportunity to make payment in full, or at our sole discretion, agree a payment plan in respect of any unpaid charges.
To view your billing information, sign into your account and visit the “Account Billing” tab of your “Settings” page to see the commitment period and renewal date. For certain payment methods, the issuer of your payment method may charge you a foreign transaction fee or related charges. Check with your bank and credit card issuers for details.
If you believe that you have been billed in error or have other billing inquiries, please notify us within thirty (30) days of the billing date by contacting (866) 608-1798 or firstname.lastname@example.org. We will not issue credits or refunds after the thirty (30) day period has passed, except where required by applicable law.
10. Pausing or Ending Your Membership.
To pause or end your membership, you may (1) sign into your account, go to "Settings", click on "Membership Plan", and follow the prompts to pause or end your membership, or (2) call (US International Code is needed - 001 (866) 608 1798 during regular business hours.)
If you choose to pause or cancel your membership, all licenses granted herein will terminate at the end of your Commitment Period, and you will no longer be able to access or use the iFIT Services following the expiration of your Commitment Period.
11. Renewal of your Membership.
If you opted for a membership period of 12 months or more upon enrollment, we will remind you via email at least 30 days before your Commitment Period is due to expire that your membership is due to be automatically renewed upon expiry of the commitment period.
Upon receipt of such a reminder you must notify us at least twenty-four (24) hours prior to the expiration of your commitment period that you do not wish to renew your membership, otherwise your iFIT membership will automatically renew for the same duration as your initial Commitment Period (the “Renewal Term”), and you authorize us to bill the then-applicable Membership Fee (inclusive of any applicable tax). We reserve the right to decline to renew your membership in our sole discretion, without any liability.
12. Virtual Items.
The iFIT Service may include a component of virtual goods, property, items or fictional credits (collectively, “Virtual Items”). Virtual Items may be used exclusively within the iFIT Service to gain access to and certain limited rights for use within certain features of the iFIT Services.
Virtual Items represent a limited license right governed solely under these Terms and are not redeemable for any sum of money or monetary value at any time. Virtual Items provided by us include only a limited, personal, revocable, non-transferable license to use Virtual Items on and in the iFIT Service, including in or for any games. You agree that you have no right, title, or ownership in or to any such Virtual Items.
We may charge fees for the right to access or use Virtual Items, and/or may distribute Virtual Items without charge, in our sole discretion. For example, we may, as a promotion or benefit of membership, provide users with a certain amount of Virtual Items based upon the completion of an activity (e.g., watching a video advertisement). You acknowledge and agree that we may revise or take action that impacts the perceived value of or pricing for any Virtual Items at any time except as may be stated in writing. All purchases of Virtual Items are final and under no circumstances will be refundable, transferable or exchangeable.
iFIT has the absolute right to manage, regulate, control, modify and/or eliminate such Virtual Items as it sees fit in its sole discretion, and we shall have no liability to you or anyone else for the exercise of such rights. For example, Virtual Items may be lost, deleted from your account, or forfeited when/if your account is terminated, suspended or closed for any reason or when we discontinue any part of the iFIT Services.
13. No Warranties.
iFIT provides the iFIT services on an “as is” and “as available” basis. your use of the iFIT services is at your own risk. iFIT expressly disclaims all warranties of any kind, whether express or implied that it is able to exclude under applicable law. iFIT makes no representations or warranties with request to the completeness, security, reliability, quality, accuracy, or availability of the iFIT services. Without limiting the foregoing iFIT specifically disclaims any warranty or representation with regard to the following:
- That the iFIT Service is or will be permitted in your jurisdiction;
- That the iFIT Service will be uninterrupted or error-free;
- Concerning any Content, including User Content;
- Concerning any third party’s use of User Content that you submit;
- That the iFIT Service will meet your personal or professional needs;
- That iFIT will continue to support any particular feature of the iFIT Services; or
- Concerning sites and resources outside of the iFIT Services, even if linked to from the iFIT Services.
To the extent that another party may have access to or view Content on your device, you are solely responsible for informing such party of all disclaimers and warnings in these Terms.
We do not guarantee that the iFIT Services will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform to access the iFIT Services. You should use your own virus protection software.
You must not misuse the iFIT Services by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to the iFIT Services, or any server, computer or database connected to the iFIT Services. By breaching this provision, you may be in violation of applicable law. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the iFIT Services will cease immediately.
You agree to indemnify and hold iFIT and its directors, officers, employees, agents and affiliates harmless from and against all claims, expenses, liabilities, losses, costs, and expenses (including reasonable attorney’s fees and costs) arising from or relating to your violation of these Terms or your use of the iFIT Services, including without limitation your User Content or your use of the iFIT Services other than as expressly authorized by these Terms.
15. Limitation of Liability.
To the maximum extent permitted by applicable law, we will not be liable (whether in contract, tort (including negligence), misrepresentation or otherwise) in respect of:
- Of profits;
- Business interruption;
- Economic or pure economic losses;
- Of goodwill or business;
- Computer damage;
- Any losses suffered as a result of our failure to provide any products to use as a result of any shortages of such products (or any other factor being our reasonable control);
- Service interruption and/or any system failure which prevents or effects your use the iFIT services; or
- Any indirect, incidental, special or consequential loss.
Notwithstanding the above, if you live in a jurisdiction that does not allow the foregoing limitation of liability, then the above limitation does not apply to you. To the extent that any of the above limitations is unenforceable, the remaining enforceable terms shall survive. For country specific terms regarding limitation of liability, see Appendix A attached hereto.
If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
In the event that, notwithstanding the foregoing exclusions of liability, we, or any of our respective directors, officers, employees, servants or agents is liable to you for any amounts under these Terms under any theory of recovery, whether based on contract, tort (including negligence), strict liability or otherwise, our (or our affiliates', director's, officer's, employee's, servant's or agent's, as applicable) total liability shall not exceed the amounts we actually received from you for iFIT Services in the twelve (12)-months immediately preceding the date such claim arose. This section shall survive the termination of these Terms.
The iFIT Services encourage users to participate in certain physical activities. By using the iFIT services, or participating in such activities, you are agreeing that you have carefully read and agreed to these Terms. You further acknowledge and agree that you understand the safety hazards, risks, dangers, and potential for injury associated with any physical or recreational activity. You further acknowledge and agree that you are in good health and physically fit to participate in the activities made available through the iFIT Services, that you have not been advised of any adverse health conditions by a physician, medical practitioner, or other health care provider, that you will not participate in any of the activities made available through any iFIT Services under the influence of alcohol, drugs, or any substance that could impair your ability to safely engage in the activities, and that you will only use iFIT Services and products in accordance with their recommended uses and heed any warnings associated with all iFIT services and products. By using the iFIT Services, or physically participating in such activities you agree to assume the risks associated with such activities. To the extent permitted by applicable law, you forever release, waive and discharge us, our subsidiaries, owners, agents, representatives, and employees from any and all liability for loss or damage, and for every claim or cause of action of any kind including, but not limited to, bodily injury, death, or property damage, arising out of your participation in the physical activities recommended by the iFIT Services.
You understand that the iFIT Services are intended to be used in connection with athletic and fitness activities. You expressly agree that engaging in athletic or fitness activities as part of the iFIT Services carry certain inherent and significant risks of property damage, bodily injury, or death and that you voluntarily assume all known and unknown risks associated with these activities. You also expressly agree that iFIT does not assume responsibility for the inspection, supervision, preparation, or conduct of any race, competition, contest, group interaction, gathering, or event that utilizes the services.
You should consult your physician, medical practitioner, or other health care provider before engaging in any of the physical activities recommended by the iFIT Services to assess your ability to safely engage in such activities. You should not engage in any of the activities recommended by the iFIT Services if you have any medical conditions where exercise could induce adverse effects. If you are pregnant, diabetic, have a heart condition, or have any injuries, disabilities, or other medical condition, you certify that you have permission from your physician, medical practitioner, or other health care provider to begin an exercise program. You certify that you will start slowly and take care not to exceed your capabilities when exercising. You should immediately stop any activity that causes you to become dizzy, dehydrated, or otherwise affects your body's ability to function normally.
You should always wear recommended safety equipment when participating in any activity recommended by the iFIT Services. Failure to do so may result in injuries. To reiterate your agreement above, you agree that we shall not be responsible for any injuries you sustain while participating in any activities recommended by the iFIT services.
The material in iFIT Services is provided for educational and informational purposes only and is not intended as medical or nutritional advice. The information contained in the iFIT Services should not be used to diagnose or treat any illness, metabolic disorder, disease, or health problem. Always consult your physician, medical practitioner, or other health care provider before beginning any nutrition or exercise program. Use of the programs, advice, and information contained in the iFIT Services is at the sole choice and risk of the user.
17. Governing Law.
The iFIT Services (excluding any linked content or websites) are controlled by us from our offices within the State of Utah, United States of America. The iFIT Services can be accessed from all fifty (50) states, as well as from other countries around the world. As each of these places has laws that may differ from those of Utah, by accessing the iFIT Services, both of us agree that the statutes and laws of the State of Utah, without regard to the conflicts of laws principles thereof, will apply to any and all matters and disputes arising out of or relating to the use of the iFIT Services.
You acknowledge and agree that, except as set forth in Appendix A hereto, iFIT may, at its sole discretion, require you to submit any dispute, claim, or controversy arising from the use of the Site, these Terms, or your use of or access to the iFIT Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, applying Utah law and not in any class, representative, or consolidated action or proceeding. You understand and agree that other rights that you would have if you went to court may be unavailable or limited in arbitration.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
The AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879. The Federal Arbitration Act will govern the interpretation and enforcement of this section.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE IFIT SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
19. Choice of Venue.
Except as set forth in Appendix A hereto and If, for any reason, a Court or arbitrator rules that a dispute is not subject to mandatory arbitration, you agree to commence or prosecute any action in connection therewith exclusively in the State of Utah, Cache County, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction.
20. No Class Actions.
21. Termination or Suspension.
You agree that we may, terminate or suspend your access to the iFIT Services if you violate these Terms. Any fraudulent, abusive, or illegal activity may be grounds for terminating your license to use the iFIT Services and may be referred to appropriate law enforcement authorities. Upon termination, your right to use the iFIT Services shall immediately cease, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the iFIT Services. We shall not be liable to you or any third-party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
You may not assign or transfer these Terms without iFIT's prior written consent. iFIT may assign its rights, obligations and/or these Terms at any time in its sole discretion without notice to you.
You consent to receive all communications including notices, agreements, disclosures, or other information from iFIT electronically. iFIT may communicate by email or by messaging you via your user account. For support-related inquiries, you may email [email@example.com]. For all other notices to iFIT, write to the addresses set out below or the address that applies to your location as can be found on our website: https://www.ifit.com
24. Entire Agreement.
These Terms and any additional terms and conditions in respect of specific iFIT Services constitute the entire agreement and understanding between us concerning the subject matter of this agreement and supersede all prior agreements and understandings of the parties with respect to that subject matter. These Terms may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or iFIT Services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with the iFIT Services is in conflict or inconsistent with these Terms, these Terms shall take precedence.
25. Force Majeure.
Neither Party shall be liable for any failure or delay in performance under these terms (other than for delay in the payment of money due and payable in accordance with these terms) for causes beyond the party’s reasonable control and not caused by that party’s fault, or negligence
If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Any failure by us to enforce or exercise any provision of these Terms or related rights shall not constitute a waiver of that right or provision.
28. Contact Information.
The iFIT Services are offered by iFIT Inc. located at 1500 South 1000 West, Logan, UT 84321. Our telephone numbers are listed on our website, depending on your location. If you notice that any user is violating these Terms, please contact us at firstname.lastname@example.org.
Country Specific Terms
This Appendix A is incorporated in and expressly made a part of the iFIT Terms of Membership (the “Terms”) entered into between you and iFIT. for the purposes of this appendix, the following terms may apply with respect to your country of domicile, as applicable. In the event of a conflict between this Appendix A and the terms, this appendix shall prevail only with respect to the subject matter herein applicable to your country of residence.
England, Scotland, Wales, Northern Ireland
Commencement of the iFIT Services; Cancellation:
iFIT will not give you access to use the iFIT Services granted under your membership until a period of 14 days has passed from and including the date on which you enroll for an iFIT membership (the "Cooling Off Period"), unless you give us express consent to supply you with the iFIT Services granted under your membership during the Cooling Off Period.
If we do not receive your express consent to start providing you with the iFIT Services under your membership during the Cooling Off Period, you may cancel your membership at any time during such period see paragraph 9.2 for instructions as to how to cancel your membership).
However, if we do receive your express consent to provide the services under your membership during the Cooling Off period you lose your right to cancel following provision of consent and in giving such consent, you acknowledge that you understand your cancellation right will be lost.
If you believe that you have been billed in error or have other billing inquiries, please notify us within thirty (30) days of the billing date by contacting 0330 1231045. We will not issue credits or refunds after the thirty (30) day period has passed, except where required by applicable law.
Rights of Third Parties:
A person who is not a party to these Terms shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision of these Terms
Limitation of Liability:
Nothing in the Agreement limits any liability which cannot legally be limited, including (but not limited to) liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation.
We may transfer our rights and obligations under these Terms to another organization. We will always tell you in writing if this happens and we will ensure that the transfer will not adversely affect your rights under the contract.
You may cancel your membership for any reason for 10 days following the date on which you enroll for an iFIT membership (the "Cooling Off Period").
You understand and agree that any dispute, claim, or controversy arising from the use of the site, these terms, or the ifit services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the rules of the American Arbitration Association (“AAA”) in accordance with the consumer arbitration rules (the “AAA rules”) then in effect, applying utah law and not in any class, representative, or consolidated action or proceeding. You understand and agree that other rights that you would have if you went to court may be unavailable or limited in arbitration.
France, Spain, Ireland, Germany
You may cancel your membership for any reason for 14 days following the date on which you enroll for an iFIT membership (the "Cooling Off Period").
You understand and agree that any dispute, claim, or controversy arising from the use of the site, these terms, or the iFIT services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the rules of the American Arbitration Association (“AAA”) in accordance with the consumer arbitration rules (the “AAA rules”) then in effect, applying utah law and not in any class, representative, or consolidated action or proceeding. You understand and agree that other rights that you would have if you went to court may be unavailable or limited in arbitration.
“Australian Consumer Law” has the meaning given to that term in Section 4 of the Competition and Consumer Act (2010).
“Consumer” has the meaning given to that term in Section 3 of the Australian Consumer Law.
“Consumer Guarantees” means the statutory guarantees conferred in relation to the supply of goods or services to a Consumer under the Australian Consumer Law and other similar legislation of Australian states and territories.
If you are a Consumer acquiring the iFIT Services for personal, domestic, or household use or consumption, the Consumer Guarantees cannot be, and are not in these Terms, excluded, restricted, or modified; provided, however, that if you are not a Consumer, or a Consumer acquiring the iFIT Services (or any other third party services) for any other purpose, we expressly limit our liability for failure to comply with any Consumer Guarantee as described in Section 18 of these Terms. These Terms do not exclude or limit the operation of the Consumer Guarantees in any other manner, and you agree that these Terms fairly and reasonably limit our liability