Last Updated: June 2023
PLEASE READ THIS LEGAL DOCUMENT CAREFULLY.
Rowr Fitness, Inc. (including product marketed as “Row’r” hereto known as “Rowr” or “Company”) provides an online fitness application, service, content, and community through Rowr mobile applications (“App”), websites, and social media. These, and any others provided by Rowr Fitness, will be collectively called the “Service” or “the Services”. By registering as a member or by visiting, browsing, or using the Rowr Service in any way, you (the “User”) accept and agree to be bound by these Terms of Service (“Terms”), which forms a binding agreement between you and Rowr Fitness.
If you do not wish to be bound by these Terms, you may not access or use the Service. Certain elements of the Service may be subject to additional terms and conditions specified from time to time; your use of those elements of the Service is subject to those additional terms and conditions, which are incorporated into these Terms by this reference.
PLEASE READ: THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER (SECTION 17). READ CAREFULLY, INCLUDING YOUR RIGHT, IF APPLICABLE, TO OPT OUT OF ARBITRATION. EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN SECTION 17 BELOW, OR WHERE PROHIBITED BY LAW, BY ENTERING INTO THESE TERMS YOU EXPRESSLY AGREE THAT DISPUTES BETWEEN YOU AND ROWR FITNESS WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU HEREBY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
- Eligibility Requirements
a. Membership Holder Age Requirement. You must be at least 18 years old, or the age of legal majority in your jurisdiction of residence, to purchase a Service membership subscription and become a Membership Holder (as defined in the Membership Terms).
B. Member Age Requirement. You must be at least 13 years old to become a Member (as defined in the Membership Terms). If you are a parent or legal guardian of a Member under the age of 18 years old, you are subject to these Terms and responsible for that Member’s activity on the Service by allowing them to use the Service.
C. We may, in our sole discretion, refuse to offer the Rowr Service to any person or entity and change the eligibility criteria at any time. You are solely responsible for ensuring that these Terms are in compliance with all laws, rules and regulations applicable to you, and the right to access and use the Service is revoked where these Terms or use of the Service is prohibited or conflicts with any applicable law, rule or regulation. Further, the Service is offered only for your personal, non-commercial use, and not for the use or benefit of any third party.
- License to Use the Rowr Service
- License. Subject to your compliance with these Terms and solely for so long as you are permitted by us to access and use the Service, Rowr grants you a limited, non-transferable, non-exclusive, revocable right and license to access and use the Service for your own personal, non-commercial purposes, a right which may not be assigned or sublicensed to anyone. This license includes the right to view Content (defined below) available on the Service and the right to download the application to a device for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. This license grant is subject to you agreeing to and abiding by the Intellectual Property and DMCA Policy, which forms a part of these Terms. This license will remain in effect unless and until you violate these Terms or this license is terminated by you or Rowr Fitness.
- Restrictions. Except as expressly permitted in writing by an authorized representative of Rowr Fitness, you will not reproduce, redistribute, sell, transfer, create derivative works from, decompile, reverse engineer, or disassemble the Rowr Service, nor will you take any measures to interfere with or damage the Service. Unless otherwise specified, copying or modifying any Content or using Content for any purpose other than your personal, non-commercial use of the Service, including use of any such Content on any other website or networked computer environment, is strictly prohibited. All rights not expressly granted by Rowr Fitness in these Terms are reserved.
- Content Ownership
- Content. Content (“Content”) is defined as all content contained within the service, including web and publications, including the text, graphics, videos, images, photographs, illustrations, themes, objects, characters (including names), stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, metrics, and graphical analysis.
- Ownership. The Service and all Content contained therein are owned by Rowr Fitness or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Platform are reserved by us or our licensors.
- Membership Registration and Subscription
- Membership Subscription. To enjoy full access to the Service, you must register as a member of the Service and enter into a subscription agreement (a “Subscription” or “Membership”) for access to Content and features.
- Subscription Renewal. If you purchase a membership to use the Service, you acknowledge that your membership will auto renew until you cancel your membership or we terminate it. The membership period (or an indication that the membership will continue until cancelled) and the cost of the membership (during and after any initial promotional period) are disclosed prior to purchase. If you purchase a membership via our website or Service, we automatically bill your payment method each month (or once a year, for the annual plan). You may cancel your membership at any time, and you will continue to have access through the end of your membership period (or free trial period, if applicable). You will not have the right to receive any pro-rated refunds if you cancel your membership period early. If you purchased via our website, you can cancel by logging into your account at www.rowr.co. You must cancel your membership at least 72 hours before the end of each billing cycle in order to avoid being billed for the next month’s membership.
- Memberships Purchased from Third-Party Platforms. If you started a Rowr Membership by purchasing through a third-party platform (like Apple’s App Store or Google Play), you will need to cancel through the tools made available by that third party, which may include visiting your account and turning off auto-renewing payments for your Rowr membership. If you purchase a membership through a third-party platform, the purchase is subject to those platforms’ payment terms and conditions. Rowr Fitness does not control how you can pay for or cancel memberships through those platforms.
- Free Trials. Your membership may start with a free trial. Rowr Fitness reserves the right, in its sole discretion, to determine your free trial eligibility. Our Service will indicate whether or not the free trial will automatically convert to a paid membership upon expiration of the trial period. If so, unless you cancel your membership prior to the end of the free trial period, we will begin billing your payment method on a recurring basis for your membership upon expiration of the free trial period until you cancel or we terminate your membership.
- Pricing. Prices for our Service, and their varying membership levels and benefits, are subject to change at any time. Auto-renewing memberships price changes will take effect in the next billing cycle.
- Taxes. To the fullest extent permitted by applicable law, you are responsible for any applicable sales, use, duty, customs or other governmental taxes, levies or fees (“Taxes”) due with respect to your purchase through our Platform. Subscriptions placed outside the U.S. may incur Taxes as determined by the customs agency within the destination country. We will collect applicable Taxes if we determine we have a duty to collect Taxes. We will present an estimate of Taxes we collect at checkout, except where we have clearly stated in writing that a price includes Taxes. For U.S. users, the actual Taxes charged may be adjusted from the amount shown at checkout. Several factors may cause this, such as variances between processor programs and changes in tax rates. You may have a duty to directly report and pay Taxes if we do not collect such Taxes.
- Payment Method. Only valid payment methods acceptable to us may be used to complete a purchase via the Service. You represent and warrant that you are authorized to use your designated payment method. You authorize us to charge your designated payment method for the total amount of your purchase (including any applicable taxes and any shipping and handling charges). If any of the products in your order are unavailable, we will only charge the prices, Taxes and other applicable charges associated with the products that are included in the shipment. For memberships, you may edit your payment method information or see your payment history by logging into your account at www.rowr.co. If you started a membership using your account with a third party (like Apple’s App Store) then you will need to edit your payment method through your account with that third party. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, you remain responsible for any uncollected amounts.
- Subscription Information Accuracy. You must provide complete and accurate registration information to Rowr (except that pseudonyms are permitted for usernames), complete the Subscription process, and notify us if any of your information changes. If you fail to keep your account information up to date, we may have to suspend or terminate your Subscription.
- Profile Information and Picture. You may not use someone else’s name, or any name, location, other public profile information or image that violates any third party rights, is against the law, or that is offensive, obscene or otherwise objectionable (in Rowr’s sole discretion). We reserve the right to reclaim usernames, including on behalf of businesses or individuals that hold legal claim, including trademark rights, in those usernames.
- 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; this includes furnishing your username and password to third-party developed applications to connect to your account for any reason. 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 Service. If you become aware of unauthorized access to your account, change your password and notify our Support team immediately.
- Errors. In the event of an error, we reserve the right to correct the error and revise your order accordingly (which includes charging the correct price) or to cancel the order and refund any amount charged).
- No Refunds. Except to the extent refunds are required by law, payments are nonrefundable and there are no refunds. However, we may, in our sole discretion, provide a refund or discount in certain cases.
- Rights and Terms for Apps Downloaded from Third Party
- Accessing the Rowr Service application from an App Store (like the Apple App Store or Google Play). The following terms apply to any App accessed through or downloaded from any app store or distribution platform where the App may now or in the future be made available (each an “App Provider”). You acknowledge and agree that:
- These Terms are between you and Rowr Fitness (“Rowr” or “Company”), and not with the App Provider.
- The App Provider has no obligation to furnish any maintenance and support services with respect to the Rowr App.
- In the event of any failure of the App to conform to any applicable warranty, you may notify the App Provider, and the App Provider will refund the purchase price for the App to you (if applicable) and, to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Rowr.
- The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to product liability claims; any claim that the App fails to conform to any applicable legal or regulatory requirement; and claims arising under consumer protection or similar legislation.
- In the event of any third party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, Rowr will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
- The App Provider and its affiliates are third-party beneficiaries of these Terms as related to your license to the App, and that, upon your acceptance of the Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you (“User”) as a third-party beneficiary thereof.
- You represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; (2) you are not listed on any U.S. Government list of prohibited or restricted parties; (3) you are not an individual, or associated with an entity, designated under the UK’s Terrorist Asset-Freezing etc. Act 2010 (TAFA 2010); and (4) you are not otherwise subject to or affected in any way by any national security or terrorism related rules whether applicable to you personally or to your location or other circumstances.
- You must also comply with all applicable third party terms of service when using the App.
- Accessing the Rowr Service application from an App Store (like the Apple App Store or Google Play). The following terms apply to any App accessed through or downloaded from any app store or distribution platform where the App may now or in the future be made available (each an “App Provider”). You acknowledge and agree that:
- User Content
- The Rowr Service may allow you and other users to create, post, store and share content, including messages, text, photos, audio, videos, software and other materials (collectively, “User Content”). Except for the license you grant below, you retain all rights in and to your User Content, as between you and Rowr Fitness.
- You grant Rowr Fitness a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content and any name, username or likeness provided in connection with your User Content in all media formats and channels now known or later developed without compensation to you. For clarity, this means we reserve the right to use things like your name, avatar and in-game performance in various materials, including advertising and promotional content and third-party platforms. When you post or otherwise share User Content on or through our Service, you understand that your User Content and any associated information (such as your username or profile photo) may be visible to others. You also agree that you may be eligible to receive promotional items, labels, in-game content or other rewards as a result of your participation in the Service or events (such as races) within the Service. Participation in some of those events may result in your entry in sweepstakes, raffles, or other random or automatic selections for promotional items. At your election, you may decline to receive any such items or rewards.
You may not create, post, store or share any User Content that violates these Terms or for which you do not have all the rights necessary to grant us the license described above. You represent and warrant that your User Content, and our use of such content as permitted by these Terms, will not violate any rights of or cause injury to any person or entity. Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason with or without notice.
- PROHIBITED CONDUCT AND CONTENT
- You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort in connection with your use of our Service, and you are solely responsible for your conduct while using our Service. Further, you will not:
- Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
- Use or attempt to use another user’s account without authorization from that user and Rowr;
- Impersonate or post on behalf or any person or entity or otherwise misrepresent your affiliation with a person or entity;
- Sell, resell or otherwise commercially use our Service by (i) displaying the Service in a commercial setting (like a cyber cafe, gaming center or other commercial establishment) (which is encouraged with the right display and synergies and with Rowr’s prior written authorization), (ii) selling, licensing or renting any items you purchase via the Service (including in-game virtual items or physical products) or access to your account to any third party; (iii) performing activities on the Service for others for compensation, unless explicitly granted by Rowr Fitness; or (iv) using the Service for any “esports” or group competition for commercial gain, without Rowr Fitness’s explicit approval;
- Copy, reproduce, distribute, publicly perform or publicly display all or portions of our Service, except as expressly permitted by us or our licensors. In spite of the foregoing, you are welcome to capture or stream videos of you and other users (if you have their consent) participating in Rowr races or events, and to share those videos through video sharing services, social media, or YouTube and other similar services, subject to the following limitations: (i) you may not do so in such a way that is: (1) inaccessible to the general public behind a paywall, (2) subject to viewing only with a subscription separate and apart from the Rowr Service or (3) that requires the purchase by a third party of tickets or other redeemable vouchers, either in person or online;
- Modify our Service, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Service;
- Use our Service other than for its intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Service or that could damage, disable, overburden or impair the functioning of our Service in any manner;
- Reverse engineer any aspect of our Service or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Service;
- Use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from our Service, including any application that reads areas of RAM used by the Service to store information about a character or an environment without Rowr’s prior authorization;
- Bypass or ignore instructions contained in our robots.txt file; or
- Develop or use any applications that interact with our Service without our prior written authorization, including any cheats, mods or matchmaking services or applications that emulate or redirect the communication protocols used by Rowr in any way, including for unauthorized play over the Internet, network play, or as part of content aggregation networks;
- Send, distribute or post spam, unsolicited or bulk solicitations or advertisements, through our Service or leveraging names collected from our Service;
- Use our Service (including data, intellectual property, brand or API) for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
- You may not create, post, store or share any User Content that:
- Is confidential or that you do not have all necessary rights to disclose;
- Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
- Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
- May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
- Impersonates, or misrepresents your affiliation with, any person or entity;
- Contains any unsolicited promotions, political campaigning, advertising or solicitations;
- Contains any private or personal information of a third party without such third party’s consent;
- Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
- In our sole judgment, is objectionable, restricts or inhibits any other person from using or enjoying our Service, or may expose Rowr Fitness or others to any harm or liability of any type.
- Enforcement of this Section 7 (which includes the right to work with local or international authorities and other service providers by providing information necessary for investigatory purposes or in adherence with court-ordered legal action) is solely at Rowr Fitness’s discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this Section 7 does not create any private right of action on the part of any third party or any reasonable expectation that the Service will not contain any content that is prohibited by this section.
- Termination and Account Deletion
- Term. These Terms begin on the date you first use the Rowr Service and continue as long as you have an account with us and/or continue to use the Service.
- Termination. Rowr may, in Rowr’s sole discretion, suspend, disable, or delete your account (or any part thereof) or block or remove any User Content that you submitted, for any lawful reason, including if Rowr determines that you have violated these Terms or that your conduct or User Content would tend to damage Rowr’s reputation or goodwill. Rowr may block your access to the Service to prevent re-registration.
- Effect of Termination / Account Deletion. Upon termination of these Terms all licenses granted by Rowr will terminate. The following sections survive termination: Privacy (Section 3), User Content (Section 8), Indemnification (Section 12), No Warranties (Section 15), Limitation of Liability (Section 16), Safety Warnings (Section 17), Intellectual Property (Section 18), Arbitration Requirement & Class Action Waiver (Section 20), Contracting Entities, Governing Law and Jurisdiction (Section 21), and all general provisions. In the event of account deletion for any reason, User Content may no longer be available and Rowr 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 service, workouts, and any other Content or features provided through the Service. Rowr, in its sole discretion, may make available a very limited amount of Content or features to non-subscribers from time to time, and any use of that Content is governed by these Terms.
- General Prohibitions and Rowr Fitness’s Enforcement Rights
- Prohibited Activity. You agree not to do any of the following:
- Post, upload, publish, submit or transmit any User Content or engage in any activity that:
- infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
- violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
- is fraudulent, false, misleading or deceptive;
- is defamatory, obscene, pornographic, vulgar or offensive;
- promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
- is violent or threatening or promotes violence or actions that are threatening to any person, animal, or entity;
- exploits minors or
- promotes illegal or harmful activities or substances;
- Download and/or install any third party software and/or application that interacts with or collects data from the Service that is not expressly permitted by Company in writing;
- Use, display, mirror or frame the Service or any individual element within the Service, Rowr’s name, any Rowr trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, for commercial gains, to share service among non-member users, or to defame Rowr Fitness or the community in any way;
- Access, tamper with, or use non-public areas of the Service, Rowr’s computer systems, or the technical delivery systems of Rowr’s providers;
- Attempt to probe, scan or test the vulnerability of any Rowr system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Rowr or any of Rowr’s providers or any other third party (including another user) used to protect the Rowr Service or Content;
- Bypass any territorial restrictions, including IP address-based restrictions, that may be applied to the Service;
- Attempt to access, scrape or search the Service or Content or download Content from the Service, including through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools, plugins, add-ons or the like), other than the software and/or search agents provided by Company or other generally available third-party web browsers;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- Use any meta tags or other hidden text or metadata utilizing a Rowr trademark, logo URL or product name without Rowr’s express written consent;
- Use the Service or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms or permitted expressly in writing by Company;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Service or Content to send altered, deceptive or false source-identifying information;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Service or Content;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Service;
- Collect or store any personally identifiable information from the Service from other users of the Service without their express permission;
- Copy, use, index, disclose or distribute any information or data obtained from the Service, whether directly or through third parties (such as search engines), without Company’s express written consent;
- Alter, replicate, store, distribute or create derivatives from the Content available via the Service except as expressly permitted in writing by Rowr Fitness;
- Impersonate or misrepresent your affiliation with any person or entity;
- Access, use or exploit the Service in any manner (other than as expressly permitted by these Terms), including to build, develop (or commission the development of), replicate, or consult upon any product or service that may compete (directly or indirectly) with Rowr or the Service;
- Violate any applicable law or regulation; or
- Encourage or enable any other individual to do any of the foregoing.
- You also agree to abide by the Rowr Community Guidelines and Moderation Policy.
Although we’re not obligated to monitor access to or use of the Service or Content or to review or edit any User Content, we have the right to do so for the purpose of operating the Service, to ensure compliance with these Terms, to comply with applicable law or other legal requirements and to maintain the integrity and reputation of the Service and its systems. We reserve the right, but are not obligated, to remove or disable access to any User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any User Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Service. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
- Member Interactions, Dealings with Third Parties
When interacting with other Rowr 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 Service, whether regarding payment or delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that Rowr Fitness 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 Rowr Fitness and its directors, officers, employees, and agents, from and against all claims, damages, losses and costs that arise from or relate to (1) your activities on the Service, (2) any User Content submitted by or on behalf of you or (3) your violation of these Terms.
- Third Party Links and Content
There may be links on the Service that let you leave the particular Service you are accessing in order to access a linked site that is operated by a third party. Rowr Fitness neither controls nor endorses these sites, nor has Rowr reviewed or approved the content that appears on them. Rowr 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 Rowr 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.
- No Warranties
Rowr Fitness reserves the right to modify the Service, including, but not limited to updating, adding to, enhancing, modifying, removing or altering any Content or features of the 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 Service. Rowr has no obligation to screen or monitor any Content and does not guarantee that any Content available on the Service is suitable for all users or that it will continue to be available for any length of time.
Rowr provides the Service on an “AS IS” and “AS AVAILABLE” basis. You therefore use the Service at your own risk. Other than as expressly provided in writing by Rowr in these Terms, to the extent permitted by law, Rowr 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, quiet enjoyment and any other warranty that might arise under any law. Without limiting the foregoing, Rowr makes no representations or warranties:
- That the Service is or will be permitted in your jurisdiction;
- That the 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 Service will meet your personal or professional needs;
- That Rowr will continue to support any particular feature of the Service; or
- Concerning sites and resources outside of the Service, even if linked to from the 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 these Terms. TO THE EXTENT ANY DISCLAIMER OR LIMITATION OF LIABILITY DOES NOT APPLY, TO THE FULLEST EXTENT PERMITTED BY LAW, 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 ROWR SERVICE, AND NO WARRANTIES SHALL APPLY AFTER SUCH PERIOD.
- Limitation of Liability
To the fullest extent permitted by law:
- Rowr Fitness shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, economic or pure economic losses, goodwill, use, data, service interruption, computer damage, system failure, inability to use the Service or Content or other intangible losses, even if a limited remedy set forth herein is found to have failed its essential purpose; and
- Rowr’s total liability to you for all claims, in the aggregate, will not exceed the amount actually paid by you to Rowr Fitness over the 12 months preceding the date your first claim(s) arose.
If you live in a jurisdiction that does not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation does not apply to you. To the extent that one or any aspect of Rowr’s limitations set out above does not apply, all remaining aspects survive. The exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between Rowr and you.
- Safety Warnings
THE ROWR SERVICE OFFERS HEALTH AND FITNESS INFORMATION AND IS DESIGNED FOR EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY. YOU SHOULD CONSULT YOUR PHYSICIAN OR GENERAL PRACTITIONER 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, GENERAL PRACTITIONER 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 OUR SITE, SOCIAL CONTENT, OR THE SERVICE.
THE USE OF INFORMATION PROVIDED THROUGH THE SERVICE IS SOLELY AT YOUR OWN RISK AND IS NOT MEDICAL OR HEALTHCARE ADVICE.
NOTHING STATED OR POSTED ON THE SITE OR AVAILABLE THROUGH THE SERVICE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THESE TERMS, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE.
THE SERVICE IS CONTINUALLY UNDER DEVELOPMENT AND, TO THE FULL EXTENT PERMITTED BY LAW, ROWR 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 SERVICE WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.
In becoming a User or Member of the Rowr Service with the intent of using the Service, you affirm that either (A) all of the following statements are true:
- no physician or general practitioner has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician or general practitioner;
- 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 month;
- 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 or general practitioner 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 (B) your physician or general practitioner has been specifically consulted by you and approved of your use of the Service.
Rowr reserves the right to refuse or cancel your membership if we determine that you have certain medical conditions or that the representations set forth above are untrue in any respect.
- Intellectual Property
- Acknowledgement. You acknowledge and agree that your use of the Service and any Content contained therein is dependent upon you agreeing to and abiding by the Rowr Intellectual Property and DMCA Policy at all times. You further acknowledge that the 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 Rowr-generated content, and content provided to Rowr by its partners and licensors, is copyrighted individually and/or as a collective work under the U.S. copyright laws and all applicable international copyright (or equivalent) laws in all jurisdictions and protected under other intellectual property laws worldwide; further, as between you and Rowr, Rowr’s own intellectual property rights in the selection, coordination, arrangement and enhancement of all content in the Service.
- Intellectual Property Usage and Reporting Infringement. Rowr Fitness respects the intellectual property of others, and we ask our users to do the same. Each user is responsible for ensuring that their User Content does not infringe any third party’s right or other intellectual property rights. If you believe that the Service or any Content contains elements that infringe or misappropriate your copyrights or other intellectual property rights (or the intellectual property rights of others), please go to the Rowr Intellectual Property and DMCA Policy for directions on how to report it to us.
- ARBITRATION REQUIREMENT & CLASS ACTION WAIVER
IMPORTANT: PLEASE REVIEW AS THIS MAY AFFECT YOUR LEGAL RIGHTS. APPLICABLE TO THE FULL EXTENT PERMITTED BY LAW.
- Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or Content (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Rowr Fitness agree that the U.S. Federal Arbitration Act (or equivalent laws in the jurisdiction in which the Rowr entity that you have contracted with is incorporated) governs the interpretation and enforcement of these Terms and that you and Rowr are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.
- Exceptions and Opt-out. As limited exceptions to Section 17a above:
- you may seek to resolve a Dispute in small claims court if it qualifies; and
- we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our respective intellectual property rights.
- In addition, you will retain the right to opt out of arbitration entirely and litigate any Dispute if you provide us with written notice of your desire to do so by regular mail sent to the attention of Rowr Fitness’s Legal Department at the Rowr Fitness address set out in Section 20 below within 30 days following the date you first agree to these Terms.
- Initial Dispute Resolution and Notification. You agree that before initiating any Dispute or arbitration proceeding, we will attempt to negotiate an informal resolution of any dispute. To begin this process, before initiating any arbitration proceeding, you must send a Notice of Dispute (“Notice”) by certified mail to the attention of Rowr’s Legal Department at the Rowr address set out in Section 20 below. In the Notice, you must describe the nature and basis of the Dispute and the relief you are seeking. If we are unable to resolve the Dispute within 45 days after Row’s receipt of the Notice, then you or Rowr may initiate arbitration proceedings as set out below.
- Conducting Arbitration and Arbitration Rules. Any arbitration will be conducted by JAMS pursuant to its Streamlined Arbitration Rules and Procedures (the “JAMS Rules”) then in effect, except as modified by these Terms. The JAMS Rules are available at www.jamsadr.com or by calling 1-800-352-5267. A party who wishes to start arbitration must submit a written Demand for Arbitration to JAMS and give notice to the other party as specified in the JAMS Rules. JAMS provides a form Demand for Arbitration at www.jamsadr.com. JAMS will appoint an arbitrator that is either
- a retired federal or state court judge, or
- an attorney who has been licensed to practice law in the state of New York for at least 10 years. The arbitration will be conducted by an in-person hearing, unless we both agree otherwise.
- If JAMS fails or declines to conduct the arbitration for any reason, we will mutually select a different arbitration administrator. If we cannot agree, a court will appoint a different arbitration administrator.
Any arbitration hearings will take place in the county (or other municipality) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement. During the arbitration, both you and Rowr may take one deposition of the opposing party, limited to 4 hours. If we cannot agree on a time and location for a deposition, the arbitrator will resolve any scheduling disputes.
- Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. If you assert a claim against Rowr, you will be responsible for paying a $250 consumer filing fee.
- Class Action Waiver. YOU AND ROWR FITNESS AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ dispute is resolved through arbitration, neither JAMS nor the arbitrator may consolidate another person’s claims with your claims or otherwise preside over any form of a representative or class proceeding for any purpose. If this specific provision is found to be unenforceable, then the entirety of this Section 17 shall be null and void.
- Effect of Changes on Arbitration. Notwithstanding the provisions of Section 21 “Modification”, if Rowr changes any of the terms of this Section 17 after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or the date of Rowr’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Rowr Fitness in accordance with the terms of this Section 17 as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
- Severability. If an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.
- Interpretation; Severability; Waiver; Remedies
Headings are for convenience only and shall not be used to construe these Terms. If any term of these Terms is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from these Terms and the other parts of these Terms will still apply. No failure or delay by Rowr in exercising any right hereunder will waive any further exercise of that right. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Rowr. Rowr Fitness’s rights and remedies hereunder are cumulative and not exclusive.
- Successors; Assignment; No Third Party Beneficiaries
These Terms are 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 these Terms without Rowr’s prior written consent. Rowr 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 Rowr Fitness electronically. Rowr may communicate by email or by posting to the Service. For support-related inquiries, you may email Support. For all other notices to Rowr Fitness, write to the following addresses:
U.S. and Canadian Residents:
Rowr Fitness, Inc.
11700 Mukilteo Speedway
Suite 201 – 4014
Mukilteo, WA 98275
Attn: Legal Department
Nothing in these Terms or otherwise limits Rowr Fitness’s right to object to subpoenas, claims, or other demands.
We may update these Terms at any time, at our sole discretion. If we do so, we’ll let you know by, at a minimum, posting the updated Terms (as indicated by a revised “Last Updated” date at the top of this page) on the Rowr Site and/or through the Rowr Service. Modifications will be effective on the date that they are posted to the Rowr Site. It’s important that you review the Terms whenever we update them before you use the Service. If you continue to use the Service after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you don’t agree to be bound by the updated Terms, then, except as otherwise provided in Section 17 (h) “Effect of Changes on Arbitration,” you may not use the Service anymore. Because the Service is evolving over time we may change or discontinue all or any part of the Service, at any time and without notice, at our sole discretion.
- Entire Agreement
In the event of a conflict between any policies posted on the Service and these Terms, these Terms will control. These Terms represent the entire understanding between Rowr and you regarding the Service or Content and supersede all prior agreements and understandings regarding the same. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
- 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, including, but not limited to, “acts of God”, acts of government, flood, fire, civil unrest, acts of terror, strikes or other labor problems, computer attacks or malicious acts, such as attacks on or through the internet, any internet service provider, telecommunications or hosting facility, but in each case, only if and to the extent that the non-performing Party is without fault in causing such failure or delay, and the failure or delay could not have been prevented by reasonable precautions and measures and cannot reasonably be circumvented by the non-conforming Party through the use of alternate sources, workaround plans, disaster recovery, business continuity measures or other means. Dates by which performance obligations are scheduled to be met will be extended for a period of time equal to the time lost due to any delay so caused.