Terms of Service
PLEASE READ THIS LEGAL DOCUMENT CAREFULLY.
Mad Dogg Athletics, Inc. (“MDA”) provides an online fitness video library through the SPINtv website located at https://tv.spinning.com/ (the “SPINtv Service”). By registering as a member or by visiting, browsing, or using the SPINtv Service in any way, you (as a “user”) accept these Terms of Service (“Agreement”), which forms a binding agreement between you and MDA.
PLEASE READ: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER (SECTION 13). READ CAREFULLY, INCLUDING YOUR RIGHT, IF APPLICABLE, TO OPT OUT OF ARBITRATION. EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN SECTION 13 BELOW, BY ENTERING INTO THIS AGREEMENT YOU EXPRESSLY AGREE THAT DISPUTES BETWEEN YOU AND MDA WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU HEREBY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
If you do not wish to be bound by this Agreement, you may not access or use the SPINtv Service. Certain elements of the SPINtv Service may be subject to additional terms and conditions specified from time to time; your use of those elements of the SPINtv Service is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.
1. Who May Use the SPINtv Service.
Age Requirement. You must be at least 18 years old to register with and use the SPINtv Service. MDA may, in its sole discretion, refuse to offer the SPINtv Service to any person or entity and change the eligibility criteria at any time. You are solely responsible for ensuring that this Agreement is in compliance with all laws, rules and regulations applicable to you, and the right to access and use the SPINtv Service is revoked where this Agreement or use of the SPINtv Service is prohibited or conflicts with any applicable law, rule or regulation. Further, the SPINtv Service is offered only for your personal use, and not for the use or benefit of any third party.
2. License to Use the SPINtv Service.
License. Subject to your compliance with this Agreement, SPINtv grants you a limited, non-transferable, non-exclusive, revocable license to access and use the SPINtv Service for your personal, non-commercial use only in the manner provided for in this Agreement. This license includes the right to view licensed content available on the SPINtv Service for the purpose of providing fitness, health and exercise instruction to you. This license is personal to you and may not be assigned, sublicensed or shared with anyone else.
Restrictions. Except as expressly permitted in writing by an authorized representative of MDA, you will not reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the SPINtv Service, nor will you take any measures to interfere with or damage the SPINtv Service or the SPINtv website. All rights not expressly granted by SPINtv in this Agreement are reserved to MDA.
- What information we may collect about you;
- What we use that information for; and
- With whom we share that information.
4. Membership Requirements Registration.
To enjoy full access to the SPINtv Service, you must register as a member of the SPINtv Service and enter into a subscription agreement for access to our library of pre-recorded content and features (a “Subscription”). You must provide complete and accurate personal information and registration information to SPINtv, complete the Subscription process, and notify us promptly if any of your information changes.
Account Security. You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You may not allow others to use your account. You must safeguard the confidentiality of your password, and if you are using a device that others have access to, log out of your account after using the SPINtv Service to ensure no unauthorized users access your account. If you become aware of an unauthorized access to your account, change your password and notify us immediately at firstname.lastname@example.org.
5. Membership Structure and Fees.
MDA will provide information on its then-current Subscription requirements on the SPINtv Site and/or by other means through the SPINtv Service. Features and prices are subject to change without notice.
6. Term and Termination; Account Deletion.
Term. This Agreement begins on the date you first use the SPINtv Service and continues as long as you have an account with MDA and/or continue to use the SPINtv Service.
Termination for Breach. MDA may, in MDA’s sole discretion, suspend, disable, or delete your account (or any part thereof) or block or remove any User Content (defined below) that you submitted if MDA determines that you have violated this Agreement or that your conduct or content would tend to damage MDA’s reputation and goodwill. If MDA deletes your account for these reasons, you may not re-register for or use the SPINtv Service under any other user name or profile. MDA may block your access to the SPINtv Service to prevent re-registration.
Effect of Termination / Account Deletion. Upon termination of this Agreement all licenses granted by MDA will terminate. The following sections survive termination: Indemnification, Limitation of Liability, Professional Advice Disclaimer, Medical Disclaimer, Intellectual Property and Sections 10-19. In the event of account deletion for any reason, User Content may no longer be available and MDA is not responsible for the deletion or loss of such User Content. For clarity, if you cancel your Subscription or it is terminated for any reason, you will lose access to all live and on-demand classes and any other content or features provided through the SPINtv Service. MDA may, in its sole discretion, make available a very limited amount of content or features to non-subscribers from time to time.
When interacting with other SPINtv Service members, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other people you don’t know. Your participation, correspondence or personal or business dealings with any third party found on or through the SPINtv Service, whether regarding payment or delivery of specific goods and services, donations or fundraisers, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that MDA is not responsible or liable for any loss, damage, injury, or other matters of any sort incurred as the result of such dealings.
You agree to indemnify, defend, and hold harmless MDA and its directors, officers, employees, and agents, from and against all claims, damages, losses and costs that arise from or relate to (i) your activities on the SPINtv Service, (ii) any User Content submitted by or on behalf of you, or (iii) your violation of this Agreement.
8. Third Party Links and Content.
There may be links on the SPINtv Service that let you leave the particular SPINtv Service content you are accessing in order to access a linked site that is operated by a third party. MDA neither controls nor endorses these sites, nor has MDA reviewed or approved the content that appears on them. MDA is not responsible for the legality, accuracy or inappropriate nature of any content, advertising, products or other materials on or available from any such third party sites. You acknowledge and agree that MDA is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the access or use of any of the links, content, goods or services available on or through these third party sites.
MDA reserves the right to modify the SPINtv Service, including, but not limited to updating, adding to, enhancing, modifying, removing or altering any content or features of the SPINtv Service, at any time, in its sole discretion. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the SPINtv Service. MDA has no obligation to screen or monitor any content and does not guarantee that any content available on the SPINtv Service is suitable for all users or that it will
continue to be available for any length of time.
MDA provides the SPINtv Service on an “AS IS” and “AS AVAILABLE” basis. You therefore use the SPINtv Service at your own risk. MDA expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to 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, MDA makes no representations or warranties:
- That the SPINtv Service is or will be permitted in your jurisdiction;
- That the SPINtv Service will be uninterrupted or error-free;
- That the SPINtv Service will meet your personal or professional needs;
- That SPINtv will continue to support any particular feature of the SPINtv Service; or
- Concerning sites and resources outside of the SPINtv Service, even if linked to from the SPINtv Service.
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 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 30 DAYS AFTER THE DATE ON WHICH YOU FIRST USED THE SPINTV SERVICE, AND NO WARRANTIES SHALL APPLY AFTER SUCH PERIOD.
10. Limitation of Liability.
To the fullest extent permitted by law: (i) MDA shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses; and (ii) MDA’s total liability to you for all claims, in the aggregate, will not exceed the amount actually paid by you to MDA over the 12 months preceding the date your first claim(s) arose.
11. Professional Advice Disclaimer / Medical Disclaimer.
Professional Advice Disclaimer.
THE SPINTV SERVICE OFFERS HEALTH AND FITNESS INFORMATION AND IS DESIGNED FOR EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY. YOU SHOULD CONSULT YOUR PHYSICIAN BEFORE BEGINNING A NEW FITNESS PROGRAM. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTHCARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE SPINTV SITE OR HEARD ON THE SPINTV SERVICE. THE USE OF INFORMATION PROVIDED THROUGH THE SPINTV SERVICE IS SOLELY AT YOUR OWN RISK.
NOTHING STATED OR POSTED ON THE SPINTV SITE OR AVAILABLE THROUGH ANY SPINTV SERVICE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. THE SPINTV SERVICE IS CONTINUALLY UNDER DEVELOPMENT AND MDA MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT THE HEALTH, FITNESS AND NUTRITIONAL ADVICE THAT APPEARS HERE. NO ASSURANCE CAN BE GIVEN THAT THE ADVICE CONTAINED IN THE SPINTV SERVICE WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.
In becoming a user of SPINtv with the intent of using the SPINtv Service, you affirm that either: (A) all of the following statements are true, namely, (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 SPINtv Service. If applicable, you further affirm that (a) you are not pregnant, breastfeeding or lactating, or (b) your physician has specifically approved your use of the SPINtv Service. MDA reserves the right to refuse or cancel your membership if it determines that you have certain medical conditions or that the representations set forth above are untrue in any respect.
12. Intellectual Property.
You acknowledge that the SPINtv Service contains software and other content that is protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All SPINtv-generated content, and content provided to MDA by its partners and licensors, is copyrighted individually and/or as a collective work under the U.S. copyright laws; further, as between you and MDA, MDA owns a copyright in the selection, coordination, arrangement and enhancement of all content in the SPINtv Service. Subject to your compliance with this Agreement, and solely for so long as you are permitted by us to access and use the SPINtv Service, you may 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, and are in compliance with this Agreement. Subject to your compliance with this Agreement, and solely for so long as you are permitted by us to access and use the SPINtv Service, MDA hereby grants you a limited, revocable, non-exclusive, non-transferable right and license to access and use the content made available on the SPINtv Service for your personal, non-commercial use of the SPINtv Service for the purpose of providing fitness, health and exercise instruction to you, and for no other purpose whatsoever. Unless otherwise specified, copying or modifying any content or using content for any purpose other than your personal, non-commercial use of the SPINtv Service, including use of any such content on any other website or networked computer environment, is strictly prohibited.
The SPINtv name, logos and affiliated properties, designs and marks are the exclusive property of Mad Dogg Athletics, Inc., and/or its affiliates, whether registered or unregistered, and may not be used in connection with any product or service that is not ours, or in any manner that is likely to cause confusion as to our endorsement, affiliation or sponsorship of any person, product or service. Nothing contained on the SPINtv Service should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or other intellectual property without our express prior written consent.
Any other trademarks appearing on the SPINtv Service are trademarks of their respective owners. Our partners or service providers may also have additional proprietary rights in the content that they make available through the SPINtv Service. All rights not expressly granted in this Agreement are reserved.
13. Arbitration Clause & Class Action Waiver – Important – Please Review as this Affects Your Legal Rights.
Arbitration. YOU AND WE AGREE THAT ALL DISPUTES BETWEEN YOU AND MDA OR ITS OFFICERS, DIRECTORS OR EMPLOYEES IN THEIR CAPACITY AS SUCH (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THIS AGREEMENT, YOUR USE OF THE SPINTV SERVICE, AND/OR RIGHTS OF PRIVACY OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE JAMS, INC. (“JAMS”) RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES IN EFFECT AT THE TIME OF DISPUTE, AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY; PROVIDED, HOWEVER, THAT EITHER PARTY MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE EQUITABLE RELIEF IN ANY U.S. COURT HAVING JURISDICTION TO PROTECT AGAINST AN INFRINGEMENT OR MISAPPROPRIATION OF THAT PARTY’S INTELLECTUAL PROPERTY RIGHTS. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.
Small Claims Court. As an alternative, you or MDA may bring a claim in your local “small claims” court, if permitted by that small claims court’s rules and within such court’s jurisdiction, unless the action is transferred, removed or appealed to a different court. You may bring such claims only on your own behalf.
Class Action Waiver. Neither you nor MDA or its affiliates and business partners will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US, INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding. This dispute resolution provision is governed by the Federal Arbitration Act and not by any state law concerning arbitration. If JAMS is unwilling or unable to set a hearing date within 160 days of filing, then either we or you can elect to have the arbitration administered instead by the American Arbitration Association. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with this Agreement.
Time Limitation. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with your relationship with us, including the use of the SPINtv Service or this Agreement, must be filed within one year after such claim or cause of action arose or be forever banned.
Opt-Out. If you do not wish to be bound by the arbitration and class action waiver provisions in this Section 13, you must notify us in writing within 30 days of the date that you first use the SPINtv Service or 30 days from the date this Section 13 was last updated (unless a longer period is required by applicable law). Your written notification must include your name and mailing address, your username and the email address you used to set up your SPINtv account (if you have one), and a statement that you do not wish to resolve disputes with us through arbitration and demonstrating compliance with the 30-day time limit to opt out. You must mail your opt-out notice to this address: Mad Dogg Athletics, Inc., Attn: Dispute Resolution Opt-out, 2111 Narcissus Court, Los Angeles, CA 90291. If you do not notify us in accordance with this Section 13, you agree to be bound by the arbitration and class-action waiver provisions set out above, including any revisions we make to this Agreement after the date of your acceptance. If we make any changes to this Section (other than a change to the address at which we will receive notices), you may reject the change by sending us written notice to the above address within 30 days of the effective date of the change. Any opt-out notice affects this Agreement only; if you previously entered into other arbitration agreements or class action waivers with us or enter into other such agreements in the future, your notification that you are opting out of the dispute resolution provision in this Agreement will not affect the other agreements between you and us.
Fees. Your arbitration fees will be limited to those fees set forth in the JAMS Rules for Arbitration of Consumer-Related Disputes with the remainder paid by SPINtv.
Survival. This Section 13 will survive the termination of your relationship with us. If any of the prohibitions against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable under applicable law, then such provisions will be null and void and severed from this Agreement.
14. Governing Law.
This Agreement shall be governed by the laws of the State of California, 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. Subject to the foregoing agreements in Section 13, any other action arising out of or relating to this Agreement or your use of the SPINtv Service must be commenced in the state or federal courts located in Los Angeles, California, United States of America, and you consent to the jurisdiction of those courts.
15. 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 MDA in exercising any right hereunder will waive any further exercise of that right. MDA’s rights and remedies hereunder are cumulative and not exclusive.
16. Successors; Assignment; No Third Party Beneficiaries.
This Agreement is binding upon and will inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign or transfer this Agreement without MDA’s prior written consent. No third party has any rights hereunder. MDA may assign its rights, obligations and/or this Agreement 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 MDA electronically. MDA may communicate by email or by posting to the SPINtv Service. For support-related inquiries, you may email email@example.com. For all other notices to MDA, write to the following address:
- Mad Dogg Athletics, Inc
- 2111 Narcissus Court
- Los Angeles, California 90291
- Attn: Legal Department
Nothing in this Agreement or otherwise limits MDA’s right to object to subpoenas, claims, or other demands.
This Agreement may be modified at any time by MDA. Any such modification will be communicated to you by, at a minimum, revising the “Last Updated” date at the top of this page. Subject to Section 13, unless otherwise specified by us, modifications will be effective as of the date they are posted to the SPINtv Service.
19. Entire Agreement.
This Agreement incorporates the following legal documents by reference, as well as any other policies or procedures referenced herein that are posted to the SPINtv website from time to time:
In the event of a conflict between any policies posted on the SPINtv Service and the terms of this Agreement, the terms of this Agreement will control. This Agreement represents the entire understanding between MDA and you and supersedes all prior agreements and understandings regarding the same.