These Terms of Service (“Terms”) are a legal agreement between you and Breaking Muscle, LLC (“BM,” “us,” or “we”) applicable to your use of services or use of any content available at breakingmuscle.com and all pages accessed through it (collectively as “Website’), including any downloadable software program that you are accessing or installing on your device or personal computer and the services available through that software program and including any participatory program (whether participating electronically or through internet access or by your physical activity or bodily engagement) accessed through breakingmuscle.com or affiliated with us (together, the “Service”).
BY USING OR PARTICIPATING IN ANY PORTION OF THE SERVICE, YOU ARE AGREEING AND ACCEPTING THESE TERMS AND ARE BECOMING A PARTY TO THEM. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE OR PARTICIPATE IN THE SERVICE.
Even if you are using the Service or participating in the Service as a part of your employment or at the request of your employer, your use of or participation in the Service shall be considered as your agreement and acceptance of these Terms. Furthermore, your use of or participation in the Service that may in any way be related to your employment is telling us that you are authorized to accept these Terms for your employer. Therefore, your employer, through you, equally agrees and accepts these Terms.
The Service is a health and wellness platform delivering applications, content, and training programs freely or through paid subscription. Users of the Service may log their fitness activities; see, comment, and like the activities of other users; and receive analysis and insights from the Service about their progress.
Users may also download training materials from other users and coaches that are provided through us, some of which is provided for a fee.
Any content accessible through BM or the Website is provided for informational, educational, or entertainment purposes ONLY.
You must be 18 years of age or older to use the Service. Any information that you submit to us, including any profile information you submit, shall be true and accurate. You represent truthfully that you are 18 years of age or older and are fully able and competent to enter into and accept and perform these Terms. You understand and accept that the Service is not intended for those under the age of 18. Use of the Service is void where prohibited.
Physical exercise, in all of its forms, with or without the use of equipment such as barbells, kettlebells or any other equipment that may be suggested by BM content or training programs, is stressful on the body. Accordingly, you are urged and advised and shall take steps to seek the advice of a physician before beginning any physical exercise regimen, routine, or program or using any suggested equipment shown on the Website. You understand that BM is not a medical organization and its coaches or staff cannot give you medical advice or diagnosis. You are never required to perform any suggestions and comments within the BM Website relating to physical activity, poses, moves, nutrition, instructions, or the use of equipment. If you do so, then you are carrying them voluntarily and at your election. You shall not construe anything contained in the Website as any form of any medical, health, or nutritional advice or diagnosis.
By accessing the Website or using the Service, you understand that physical exercise in any form carries the risk of injury whether physical or mental. You understand that it is your responsibility to know your physical and mental capabilities for activities you chose to do. You shall be responsible to ensure that by participating in and using the Service and other activities from BM, you will not exceed your limits while performing, participating in, or using the Service or other activities through the Website. You shall select the appropriate level of activity for your skills and abilities, as well as for any mental or physical conditions or limitations you may have. From time to time, BM, through coaches or staff, may suggest physical adjustments or the use of equipment but you shall be solely responsible to determine if any such suggested adjustment or equipment is appropriate for your level of ability or physical or mental condition. You expressly waive and release any claim that you may have at any time for any injury of any kind related to your use of or participation in the Service against BM, or any person or entity involved or in any way associated with BM, including, without limitation, its directors, officers, principals, coaches, independent contractors, employees, agents, contractors, affiliates, and representatives.
You understand that any content accessible through BM is provided for informational, educational, or entertainment purposes only. Such content is not intended to be a substitute for professional fitness or medical advice, diagnosis, or treatment. You must seek the advice of your physician or other qualified healthcare or fitness provider to address your questions or concerns regarding a fitness program promoted by BM or your use of and participation in the Service or any other physical activity that you intend to use or participate in through the Website. You shall not disregard the advice of your healthcare or fitness professional in reliance on anything you may have read on the Website.
Any opinion, advice, statement, service, offer, or other information that may be accessed through BM or expressed or made available via the Service belong to the respective authors or producers or coaches and not to BM or its directors, officers, employees, agents, representatives, partners, or affiliates. You accept that under no circumstances will BM or its directors, officers, employees, agents, representatives, partners, or affiliates be held liable to you for any injury, loss, or damage caused by your reliance on any information obtained through the Service or accessible through BM.
In order to use the Service, you must create an account. When registering for an account, you must provide accurate and complete information and promptly update this information to keep it current. If you provide any information that is inaccurate or incomplete, or we have reason to believe that the information is inaccurate or incomplete, we, at our discretion, may suspend or terminate your account and your use of Service.
You are solely responsible for all activities that occur through your account even if done by someone else without your authorization. To protect your account from unauthorized use, do not provide your username or password to anyone else. Please notify us immediately of any unauthorized use of your account or any other breach of security by sending an email to [email protected]
BM grants you a personal, non-exclusive, non-assignable, non-transferable, revocable limited license to access and use the Service, content, material, or software made available by BM, for strictly noncommercial and your personal use only.
You must comply with all applicable laws, including all laws that apply in your own locality, when using the Service. Except as may be expressly permitted by applicable law or expressly enabled by a feature of the Service, you will not, and will not permit anyone else to: (a) store, copy, modify, or distribute any of the content made available on or through the Service; (b) compile or collect any content available on or through the Service as part of a database or other work; (c) use any automated tool (e.g., robots, spiders) or manual process to monitor, store, copy, modify, distribute, or resell any content from the Service; (d) frame or otherwise incorporate the Service or any portion of the Service as part of another website or service; (e) reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any portion of the Service (including the display of third party advertising; (f) circumvent or disable any digital rights management, usage rules, or other security features of the Service, or any content available on the Service; (g) use the Service in a manner that threatens the integrity, performance, or availability of the Service; (h) remove, alter, or obscure any proprietary notices (including copyright marks and notices) on any portion of the Service or any content available from the Service; or (i) include any personal or identifying information about another person in your User Content (defined below) without that person’s explicit written consent.
In connection with registration for BM accounts, use of said accounts, or use of the services provided by BM, you may upload or will submit information, photos, videos, or other audio/visual materials to BM (“User Content”). You shall not upload User Content unless you own that content, you have created that content yourself, or you have written permission from the copyright owner of that content.
You understand that communications in chat areas, forums, bulletin boards, communities, groups, or other public or common areas relating to the Service are not private communications. You shall use caution when submitting any User Content that may contain your personal information to a public or common area of related to the Service.
You shall not upload to Website or otherwise post, transmit, distribute, or disseminate through the Service any material that: (i) is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libelous, threatening, harassing, hateful, inflammatory, abrasive, abusive, inflammatory; (ii) encourages conduct that would be considered a criminal offense or gives rise to civil liability under the US Federal or California laws or laws applicable to your locality; (iii) breaches any duty toward or rights of any person or entity, including rights of publicity or privacy; (iv) contains corrupted data or any other harmful, disruptive, or destructive files; (v) advertises products or services competitive with BM’s or its partners’ products and services, as determined by BM in its sole discretion; or (vi) in BM’s sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any portion of the Service or content available through BM, or which may expose BM, its affiliates, directors, officer, agents, or users to harm or liability of any nature.
BM shall have no obligation to screen, edit, or monitor any User Content. However, BM has the right, and has absolute discretion, to remove, screen, edit, or disable any User Content at any time and for any reason without notice. You understand that by using the Service or creating an account with BM, you may be exposed to User Content that is offensive, indecent, objectionable, or inaccurate. BM takes no responsibility for any User Content and assume no liability in any way related to any User Content, including any loss or damage to any part of your User Content.
Content related to the Service, including User Content, and other content accessible through BM, has been licensed to BM in accordance with various licensing agreements between BM and the persons or entities who own the rights to that content ("Licensed Content"). Licensed Content is protected by intellectual property laws.
BM respects the intellectual property rights of others, and asks you to do the same. BM will terminate any user’s privileges to access the Website who repeatedly infringe the copyrights of others and may remove or disable User Content that may be infringing copyrights of others.
If you believe that your removed or disabled User Content is not infringing, or that you have the authorization or right to post and use that User Content from the copyright owner, the copyright owner's agent, or pursuant to law, you may send us a counter-notice containing the information required by Section 512(g)(3) of the Digital Millennium Copyright Act (17 USC § 512(g)(3)). You authorize us or our copyright agent to forward your counter-notice to the party who claims to own copyrights to your removed or disabled User Content. If, within 10 business days of receiving the counter-notice from BM, the original claimant does not file an action seeking a court order to restrain you from engaging in infringing activity related to your removed or disabled User Content, then BM may, in its sole discretion, reinstate your removed or disabled material.
If you believe that your work has been posted on BM Website in a way that constitutes copyright infringement, you must first contact BM at the address below and provide the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright-protected work; (b) a description of the copyright-protected work; (c) the location on BM Website of the material that you claim is infringing; (d) your address, telephone number, and email address; (e) your statement showing your good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) your statement, made under penalty of perjury, that the information in your notice to us is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. By submitting a copyright infringement notice, you authorize BM or its copyright agent, at BM’s discretion, to forward the information you provide in this notice to the person who uploaded the allegedly infringing material.
You must write to BM’s designated agent for matters related to copyright infringement at:
Breaking Muscle, LLC
Attn: Copyright Agent
1710 N. Moorpark, Suite 232
Thousand Oaks, CA 91360
We, our affiliates, our suppliers, and licensors own all right, title, and interest, including all intellectual property rights, in and to the Service and all content accessed through BM’s Website. Except for those rights expressly granted in these Terms, you have no other rights, either express or implied.
Breaking Muscle is a trademark of Breaking Muscle, LLC. Other product, brand, and company names and logos used on the Service or displayed through BM’s Website are the trademarks or registered trademarks of their respective owners. You are strictly prohibited to and shall not use any of the marks appearing on the Service or displayed through BM’s Website without the prior written consent of BM or the owner of the mark, as appropriate.
Communications with Users; User Meet-ups
When you create an account with BM, you understand and agree that you may receive communications from the other users of the Service. You also understand and agree that all users are each acting independently and that no user is BM’s representative or agent and that you shall not consider a user’s actions as BM’s actions.
The Service may include tools that enable users to arrange in-person meetings. You acknowledge and accept that BM does not arrange or supervise meetings and does not have control over who attends meetings or the actions of any individual at any meeting. At all times, you shall use caution and good judgment when arranging or attending such meetings.
You shall be solely responsible for all risks associated with any such communications or meeting in which you engage.
Currently, the Service is provided to you for free, but BM reserves the right to assess fees for the use of the Service at any time by providing you notice or by modifying these Terms.
Access; Modifications to the Service
BM does not provide you with the equipment to use the Service or access BM’s Website. You are responsible for all fees charged by others to allow you access and use the Service (e.g., charges by ISPs or mobile carriers).
BM reserves the right to modify or discontinue, temporarily or permanently, all or a part of the Service or any part of the Website without notice. BM shall not be liable to you or to anyone else for any modification, suspension, or discontinuance of the Service or any part of BM’s Website.
Unless otherwise agreed by BM in writing, BM will not provide any support for the Service.
If you provide feedback to BM regarding the Service or about any information on BM’s Website (“Feedback”), you acknowledge and accept that the Feedback is not confidential and you authorize BM to use that Feedback without restriction and without payment to you. Accordingly, you grant to BM a worldwide, nonexclusive, royalty-free, fully-paid, perpetual, irrevocable, transferable, and fully sub-licensable right to use the Feedback in any manner and for any purpose.
Changes to Terms
We reserve the right to modify these Terms from time to time. If we modify these Terms, we will indicate that we have done so at https://breakingmuscle.com/terms or otherwise provide you notice. It is your responsibility to review these Terms regularly. If you use the Service or access BM’s Website after the effective date of a modification, then you accept any modified Terms.
You may terminate your use of the Service at any time by terminating your account and deleting any BM software from your device or personal computer. Termination of your account is your only right and remedy regarding any dispute with BM in any way related to the Service or to these Terms. BM may suspend or terminate your access to the Service at any time, for any reason. If BM suspects that you have violated any provision of these Terms, BM may also seek any other available legal remedy. Your rights under these Terms will terminate automatically if you fail to comply with any portion of these Terms. Upon termination, you must destroy or delete any copy of BM software in your possession.
If any or all of our digital products are temporarily unavailable, you will not receive a refund. We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future.
Due to the nature of our products being non-tangible digital goods, it is not possible to “return” the product therefore we DO NOT offer refund or exchange after purchase is made. If you are having any issue with the file, trouble setup, or have any questions, please submit a question, we will do our best to resolve the problem.
You remain solely liable for all obligations related to use of the Service, even after you have stopped using the Service. Neither BM nor any of its licensors, suppliers, or publishers are liable to you or to any other person for any loss caused by any termination of the Service or termination of your access to the Service or your access to the Website.
We may email or provide you coupons, offers, and other specials from other persons and entities and the Service may contain advertisements and promotions from them (collectively “Promotions”). You accept that BM is not responsible for the legality, safeness, availability, use, warranties, redemption, errors, omissions, or expiration of Promotions. All Promotions featured as a part of the Service, through the use of the Service, or within BM’s Website are subject to change without notice and we have no control over their legality, availability, warranty, or merchant’s ability to complete the Promotion (including, the sale in accordance with the Promotions).
Your dealings or correspondence with, or participation in Promotions, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and those other persons or entities.
The Service may contain links to Web pages and content of belonging to other persons ("Third-Party Content"). We do not monitor, endorse, or adopt, or have any control over, any Third-Party Content. BM shall have no responsibility to update or review any Third-Party Content and makes no guaranty as to its legality, safeness, accuracy, or completeness.
Additionally, if you follow a link or otherwise navigate away from the Service or from BM’s Website, please be aware that these Terms may no longer govern. You agree that you are responsible to review the applicable terms and policies, including privacy and data gathering practices, of any Third-Party Content provider to which you navigate. You access and use Third-Party Content at your own risk and shall waive all possible claims against BM related to such access and use.
Disclaimer of Warranties
YOUR USE OF THE SERVICE OR ACCESS OF BM’S WEBSITE OR USE OF ANY INFORMATION WITHIN BM’S WEBSITE IS AT YOUR SOLE RISK. THE SERVICE OR ACCESS TO BM’S WEBSITE OR INFORMATION WITHIN BM’S WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BM, ITS OFFICERS, DIRECTORS, OWNERS, STAFF, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, SUPPLIERS, AND DISTRIBUTORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. BM DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE SERVICE. BM DOES NOT WARRANT THAT ANY DATA OR INFORMATION SENT BY OR TO YOU OR USED OR ACCESSED BY YOU WILL BE ACCURATE, SAFE, COMPLETE, TRANSMITTED IN UNCORRUPTED FORM, OR TRANSMITTED WITHIN A REASONABLE AMOUNT OF TIME. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DELAY OR LOSS OF ANY KIND THAT RESULTS FROM YOUR ACCESS OR USE OF THE SERVICE OR ANY CONTENT WITHIN BM’S WEBSITE, INCLUDING ANY LOSS OR HARM TO YOUR PERSONAL DEVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BM WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. YOU MAY HAVE OTHER RIGHTS SINCE SOME STATES, COUNTRIES, OR OTHER JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES.
Limitation of Liability
NEITHER BM NOR ITS OFFICERS, DIRECTORS, OWNERS, STAFF, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, SUPPLIERS, OR DISTRIBUTORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PECUNIARY, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES EVEN IF ADVISED OF THE POSSIBILITY OF THESE DAMAGES, THAT MAY BE IN ANY WAY REALTED TO YOUR ACCESS OR USE OF THE SERVICE OR CONTENT WITHIN BM’S WEBSITE. THIS LIMITAION MAY NOT APPLY TO YOU SINCE SOME STATES, COUNTRIES, OR OTHER JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES.
EXCEPT AS OTHERWISE EXPRESSLY STATED IN THESE TERMS, THE MAXIMUM TOTAL LIABILITY OF BM, ITS OFFICERS, DIRECTORS, OWNERS, STAFF, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, SUPPLIERS, AND DISTRIBUTORS TO YOU FOR ANY CLAIM IN ANY WAY RELATED TO THE SERVICE, OR YOUR ACCESS OF BM’S WEBSITE OR YOUR USE OF ANY INFORMATION WITHIN BM’S WEBSITE WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE OR $10. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OUT OF ITS ESSENTIAL PURPOSE.
You will defend, indemnify and hold BM, its affiliates, directors, officers, agents, owners, employees, and its licensors, suppliers, and Distributors harmless from any claims, liability, costs, damages, expenses, attorney’s fees, and legal fees caused by, or in any way related to, your use of the Service, your access to and use of any information within BM’s Website, your violation of these Terms, or your violation of any rights of any person or entity.
Any rights or licenses granted to you under these Terms shall not be transferred or assigned by you to anyone else, but may be assigned by BM without restriction. Any assignment attempted in violation of these Terms is void.
Governing Law; Venue
These Terms shall be deemed to have entered into and governed by and construed in accordance with the laws of the State of California, excluding its conflict of law provisions. You agree and accept that any judicial proceedings shall be brought in the State of California and you consent to the exercise of personal and exclusive jurisdiction of the State of California over you and that the venue in the state and federal courts in Los Angeles, California.
Claims and Release
YOU AGREE THAT ANY CAUSE OF ACTION IN ANY WAY ARISING OUT OF OR RELATED TO THE SERVICE, YOUR USE OF OR ACCESS TO THE SERVICE, YOUR ACCESS TO BM’S WEBSITE, OR YOUR USE OF ANY INFORMATION WITHIN BM’S WEBSITE MUST BE BROUGHT AGAINST BM, ITS OFFICERS, DIRECTORS, OWNERS, STAFF, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, SUPPLIERS, AND DISTRIBUTORS WITHIN ONE YEAR AFTER THE CLAIMED OR ALLEGED WRONG HAD OCCURRED. OTHERWISE, THAT CAUSE OF ACTION IS PERMANENTLY LOST AND BARRED. YOUR DISCOVERY DATE OF SUCH WORNG SHALL NOT GOVERN YOUR TIME PERIOD TO BRING SUCH ACTION.
You shall release us (and our officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third party partners) from all claims, demands, injuries, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, existing now and coming to existence in the future, arising out of or in any way related to your use or access of anything through the Website or your interactions with BM. You further waive all rights and benefits that you may otherwise have by operation of any law or rule of any jurisdiction that may attempt to limit the scope of your release or waiver. To the fullest extent, you waive and relinquish all rights and benefits which you have or may have under Section 1542 of the Civil Code of the State of California or any similar provision of any law or rule of any jurisdiction (including the states of Missouri, Delaware and Pennsylvania).
Waiver and Severability of Terms
The failure of BM to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by BM. If any provision of these Terms is found by any competent tribunal to be invalid, the parties nevertheless agree that the tribunal should attempt to give effect to the parties’ intentions as reflected in such provision, and the other provisions of these Terms remain in full force and effect.
Consent to Electronic Communications
By using the Service, you consent to receive electronic communications from us. These communications may include notices about your account and information related to the Service. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements of any jurisdiction, including that such communications be in writing.
You are solely responsible for all fees charged by your telecommunications service provider or any other service provider related to your use of the Service or access of any information within BM’s Website, including without limitation fees related to any SMS / text messaging, and data.
These Terms are the entire agreement between you and BM regarding your use of the Service, your access to BM’s Website, and use of any information within BM’s Website.
For questions, comments, complaints, or claims related to the Service your access to BM’s Website, and use of any information within BM’s Website, please contact BM at:
Breaking Muscle, LLC
1710 N. Moorpark, Suite 232
Thousand Oaks, CA 91360
Updated: March 15, 2016