New Breed Athlete BREEDX Terms of Use Agreement

 

 

PLEASE READ THESE NEW BREED ATHLETE TERMS OF USE (“AGREEMENT”) CAREFULLY BEFORE USING THE SERVICES OFFERED BY NEW BREED ATHLETE, LLC. (“NEW BREED ATHLETE”). BY CLICKING THE “AGREE”, “SUBSCRIBE” OR “BUY” (OR SIMILAR) BUTTON ON AN ONLINE ORDER FORM (AN “ORDER FORM”) OR BY USING THE SERVICES IN ANY MANNER, YOU (“CUSTOMER”) AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY AND A PARTY TO THESE TERMS OF SERVICE TO THE EXCLUSION OF ALL OTHER TERMS. YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT.

BEFORE USING THE BREEDX SUBSCRIPTION FITESS SERVICE, IT IS IMPORTANT TO UNDERSTAND THAT BY USING THIS SERVICE AND VISITING OUR WEBSITE YOU ARE AGREEING TO ACCEPT THE LIABILITY, HEALTH, LEGAL AND OTHER DISCLAIMERS OUTLINED IN THIS TERMS OF US. YOUR USE OF BREEDX IS AT YOUR OWN RISK AND WE DO NOT ASSUME ANY LIABILITY OR MAKE ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE OR YOUR USE OF SERVICE.

IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT, INCLUDING OUR PRIVACY POLICY AND WEBSITE TERMS AND CONDITIONS, DO NOT USE THE SITE OR THE ANY NEW BREED ATHLETE SERVICE INCLUDING BUT NOT LIMITED TO BREEDX AND REMOTE COACHING.

 

Use of BREEDX

AGE REQUIREMENT: You must be at least 18 years old to use BREEDX or any NEW BREED ATHLETE service.

NOTICE TO PARENTS AND GUARDIANS: You are responsible for monitoring and supervising your child's use of new-breed-athlete.com or any NEW BREED ATHLETE service. If your child is using BREEDX or any NEW BREED ATHLETE service without your express consent and is under 18, please contact us immediately so that we can disable his or her access. If you have questions about the BREEDX service, please contact us at info@new-breed-athlete.com.

 

Your Representations and Warranties as a BREEDX Subscriber

In signing up for, intending to use and using BREEDX workout service you affirm that all of the following statements are true: no physician has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician; you have never felt chest pain when engaging in physical activity; you have not experienced chest pain when not engaged in physical activity at any time within the past several months; you have never lost your balance because of dizziness and you have never lost consciousness;  you do not have a bone or joint problem that could be made worse by a change in your physical activity; your physician is not currently prescribing drugs for your blood pressure or heart condition; 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 you do not know of any other reason you should not exercise; or your physician has specifically approved of your use NEW BREED ATHLETE services. If applicable, You further affirm that you are not pregnant or your physician has specifically approved your use of NEW BREED ATHLETE services.

 

 

Medical Liability, Waiver, Disclaimer and Release

Not all exercises are suited for everyone. Please do not perform any exercise if feeling strained or uncomfortable. Consult with Your physician before performing any exercise routine. Nothing stated or posted by NEW BREED ATHLETE is intended to be, and must not be taken to be, the practice of medical or professional advice or care. NEW BREED ATHLETE does not assume, and shall not have, any liability to You for injury or loss in connection therewith.

Because physical exercise can be strenuous and subject to risk of serious injury, NEW BREED ATHLETE urges you to obtain a physical examination from a physician before using any exercise equipment or participating in any exercise activity.

 

In accepting these Terms of Use, You acknowledge that you have carefully read this ‘waiver and release’ and fully understand that it is a release of liability. You represent and warrant to NEW BREED ATHLETE that You are at least eighteen (18) years of age and that You possess the legal right and ability to enter into this Agreement. You agree that by participating in physical exercise or training activities, you do so entirely at your own risk. You agree that you are voluntarily participating in these activities and assume all risks of injury, illness or death.


You acknowledge and fully understand that You will be engaging in training activities that potentially involve the risk of serious injury or possibly permanent disability and death, and severe social and economic losses which might result not only from their own actions, inactions, or negligence, but the actions, inactions, or negligence of others, the condition of the premises or any equipment. Further, that there may be other risks not known or not reasonably foreseeable at this time.

You further agree, acknowledge and understand that NEW BREED ATHLETE and it’s employees are not licensed dieticians and that any nutritional information or guidelines provided by NEW BREED ATHLETE carries no warranty of any kind, express or implied, including but not limited to warranties regarding safety or suitability for a particular purpose.

You hereby assume full responsibility for all the foregoing risks, known and unknown, and accept responsibility for the damages following any injury, permanent disability, or death.

 

You hereby consent to allow Your name, image, likeness and/or voice to appear in publications, official documentaries, promotional materials, and advertisements, and any and all television, radio or film coverage of NEW BREED ATHLETE in any manner incidental to my participation in the BREEDX or remote coaching program(s), without compensation.

NEW BREED ATHLETE cannot guarantee that its services or workouts will be safe, effective or suitable for everyone. For that reason, all such products and services, and the programs, techniques and materials embodied in such products and services, are offered without warranties or guarantees of any kind, express or implied, and NEW BREED ATHLETE disclaims any liability, loss or damages that may result from their use.

 

Payments; Subscription Cancellation

For BREEDX subscription services, Your recurring payment will take place automatically once every month until/if you cancel. If You subscribe to an annual BREEDX package for (1) year, You will be billed on a yearly cycle (approximately every 365 days) beginning on the date You made the original purchase.  Subscription Packages will be renewed automatically unless You properly cancel Your subscription as provided below.  By subscribing to a subscription package, you authorize NEW BREED ATHLETE to charge the applicable recurring subscription payment to your designated credit or debit card until you properly cancel your subscription. NEW BREED ATHLETE does not off refunds on annual package purchases nor do we offer refunds on monthly subscription packages for partial months.

 

You may cancel your subscription package as follows:

 

Visit https://www.new-breed-athlete.com/unsubscribe-breedx and fill out the unsubscribe form. You can cancel your BREEDX subscription anytime up until 24 hours prior to when your next recurring payment is scheduled to be processed. We do not offer refunds or credits for partial months.

 

If there is a problem with Your method of payment, NEW BREED ATHLETE may make reasonable efforts to

contact You to resolve the problem. If NEW BREED ATHLETE is unable to charge Your designated credit or debit card, NEW BREED ATHLETE reserves the right to: immediately suspend and/or terminate Your Subscription Package and Your registration for the Site, collect the outstanding amount You owe under the Subscription Package; and/or (iii) take appropriate legal action against You for breach of this Agreement.  These remedies are not exclusive and NEW BREED ATHLETE does not waive any other remedies available to it at law or equity Gift Certificates (each, a "Gift Certificate”) may be purchased on the Site and redeemed for any NEW BREED ATHLETE service. Gift certificates are not refundable or redeemable for cash and cannot be returned for a cash refund.   

 

Support; Service Level

NEW BREED ATHLETE will undertake commercially reasonable efforts to respond to BREEDX customer service requests within 24 hours of inquiry. Notwithstanding the foregoing, NEW BREED ATHLETE reserves the right to suspend Customer’s access to the Services: for scheduled or emergency maintenance, or in the event Customer is in breach of this Agreement, including failure to pay any amounts due to NEW BREED ATHLETE. You acknowledge and agrees that the Services operates on or with or using application programming interfaces (APIs) and/or other services operated or provided by third parties (“Third Party Services”). NEW BREED ATHLETE is not responsible for the operation of any Third Party Services nor the availability or operation of the Services to the extent such availability and operation is dependent upon Third Party Services. Customer is solely responsible for procuring any and all rights necessary for it to access Third Party Services and for complying with any applicable terms or conditions thereof. NEW BREED ATHLETE does not make any representations or warranties with respect to Third Party Services or any third party providers. Any exchange of data or other interaction between Customer and a third party provider is solely between Customer and such third party provider and is governed by such third party’s terms and conditions.

 

Indemnification

You agree to release and forever discharge NEW BREED ATHLETE and its respective heirs, officers, agents, employees, representatives, executors, and all others (“RELEASEES”) from any and all responsibilities or liability from injuries or damages resulting from or connected with Your participation in any of the BREEDX plans whether arising from the negligence of the RELEASEES or otherwise. You expressing agree to release and discharge each NEW BREED ATHLETE release (as defined by below) from any and all claims or causes of action and you agree to voluntarily give up and irrevocably waive and release any right that you may otherwise have to bring a legal action against any NEW BREED ATHLETE release for personal injury or property damage. You shall indemnify and hold RELEASEES harmless from any and all claims (including reasonable defense costs and attorneys’ fees) arising out of any bodily injury or death of any person, or damage to any property, to the extent caused by my negligence or willful misconduct. You acknowledge and understand that insurance coverage maintained by NEW BREED ATHLETE is excess coverage and begins after the exhaustion by me of all other insurance coverage for which I may be eligible. This waiver and release agreement specifically embraces each and every event, activity or purchase sanctioned by said RELEASEES, and has the same effect as if executed after each and every sanctioned event, activity or purchase in which I participate so that the parties herein intended to be released shall be fully and effectively released as to each and every sanctioned event, activity or purchase.

Confidentiality; Customer Data; Website Terms & Conditions

In accepting these Terms of Use, You accept all terms and conditions as also applicable in your use of BREEDX that are outlined in the NEW BREED ATHLETE Privacy Policy and Website Terms & Conditions.

 

Modification of Terms of Use

NEW BREED ATHLETE may, at any time and from time to time, in its sole discretion, modify, add, or delete provisions of this Agreement (as well as the Website Terms and Conditions and the Privacy Policy). Each such modification, addition, or deletion will be effective when posted and shall be deemed to be incorporated in this Agreement by this reference. You are responsible for reviewing this Agreement prior to each time You access or use BREEDX or remote coaching services. If You object to any such modification, addition, or deletion Your only recourse is to terminate this Agreement and to stop any and all use of NEW BREED ATHLETE services. Your continued use of the service following any such modification, addition, or deletion shall be deemed to constitute Your review and acceptance of, and agreement to, each such modification, addition, or deletion.

Term and Termination; Account Deletion

TERM: This Agreement begins on the date you first use the BREEDX service and continues as long as you have an account with us.

 

CANCELING YOUR SUBSCRIPTION: To cancel your subscription, Visit https://www.new-breed-athlete.com/unsubscribe-breedx and fill out the unsubscribe form. You can cancel your BREEDX subscription anytime up until 24 hours prior to when your next recurring payment is scheduled to be processed. We do not offer refunds or credits for partial months.

 

ACCOUNT DELETION: You may delete your account at any time. We reserve the right, but are under no obligation to, to delete an account from www.new-breed-athlete.com that remains inactive (i.e., the user fails to log in) for a continuous period of at least six (6) months, or immediately when payment expires, is withdrawn or otherwise ceases.

 

TERMINATION FOR BREACH: NEW BREED ATHLETE may suspend, disable, or delete your account (or any part thereof) or block or remove any content you submitted if NEW BREED ATHLETE determines that you have violated any provision of this Agreement or that your conduct or content would tend to damage NEW BREED ATHLETE’S reputation or goodwill. If NEW BREED ATHLETE deletes your account for the foregoing reasons, you may not re-register for any NEW BREED ATHLETE service. NEW BREED ATHLETE may block your email address and Internet protocol address to prevent further registration. NEW BREED ATHLETE is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account.

 

After your membership or subscription is terminated for any reason, all terms of this Agreement survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.

Last Updated: January 9, 2018

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