Terms of Service

 

Last Modified: December 1, 2021

 

Welcome to 9Round!

These Terms of Service (the "Terms of Service") are an agreement between 9Round Franchising, LLC (“9Round,” “we,” "us," "our") and "you," a user of 9Round.com, its apps, and services (the "website"). These Terms of Service govern your use of the website. By using the website, you agree to be bound by these Terms of Service as well as our Privacy Policy. Any new features of the website, including updates, upgrades, or new services, shall also be subject to these Terms of Service.

In addition, some services offered through the website may be subject to additional terms and conditions that we publish from time-to-time. Your use of such services is subject to those additional terms and conditions. We reserve the right to modify the website at any time, with or without notice to you. For example, we may add or remove functionality or features, and we may suspend or stop a particular feature or service altogether. If you do not like any changes made to the website, you may stop using the website at any time.

THESE TERMS OF SERVICE SET FORTH THE LEGALLY BINDING TERMS FOR YOUR USE OF THE WEBSITE. BY ACCESSING, DOWNLOADING, OR USING THE WEBSITE, YOU ARE ACCEPTING THESE TERMS AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT. YOU MAY NOT ACCESS OR USE THE WEBSITE OR ACCEPT THESE TERMS IF YOU ARE NOT AT LEAST EIGHTEEN (18) YEARS OLD. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THIS AGREEMENT, DO NOT ACCESS OR USE THE WEBSITE.

Physician's Permission Before Beginning Any Exercise Program

You understand that physical exercise can be strenuous and can expose you to the risk of serious injury. We urge you to obtain a physical examination from a doctor before participating in any exercise activity. You voluntarily accept and assume any and all risks, known or unknown, associated with Your use of the website, including, without limitation, the risk of physical or mental or emotional injury, minor or severe bodily harm, death, or illness, which arise by any means, including, without limitation: acts, omissions, recommendations, or advice given by 9Round.

Our Content; Proprietary Rights

Through the website, we offer, sell, and digitally distribute videos, audiovisual combinations, music, sounds, graphics, photos, and other content, as well as sell products related to that content. We are the owner or authorized licensee of all information, materials, functions and other content contained on the website, and you acknowledge that you are only receiving a limited right to access or use this content.

No content from the website may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of the website. We also own any information and data collected by us from you, including without limitation any data regarding your use and viewing of the website and its content. We may use such information and data for benchmarking and other service enhancements. We will handle and treat any information we collect from you in compliance with our current Privacy Policy.

The name “9Round” and our graphics, logos, designs, page headers, button icons, scripts, and service names are registered or common law trademarks, trade names, or trade dress of 9Round Franchising, LLC in the U.S. and other countries. These trademarks, trade names, and trade dress may not be used in connection with any product or service in any manner that is likely to cause confusion. We reserve all rights in or to such trademarks, trade names, or trade dress. It is our policy, in appropriate circumstances and at its discretion, to disable or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the intellectual property rights of others.

Copyright Protection

Pursuant to 17 U.S.C. § 512, the Digital Millennium Copyright Act (the “DMCA”), we have implemented the following procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the DMCA. We accommodate and do not interfere with standard technical measures used by copyright owners to protect their materials.

If you believe any content on the website infringes your copyrights, You may request that we remove the content from the website (or disable access to that content) by contacting our designated agent identified below and providing the following information:

Send this information to us by mail:

9Round Franchising, LLC

Attn: General Counsel

847 NE Main Street

Simpsonville, SC  29681

E-mail: legal@9round.com

Once notification in accordance with the above is received by us, it is our policy to: (a) remove or disable access to the content; (b) notify the provider of the content or user of 9Round that it has removed or disabled access to such content; and (c) terminate repeat infringers’ access to the website.

If You receive a notification of alleged copyright infringement, and believe that the claim is erroneous, You may submit a counter-notification to us within thirty (30) days of the date the content was removed from the website. A counter-notification must be a written communication that includes substantially the following:

Upon receipt of a counter-notification in accordance with the above, we shall promptly provide the complaining party with a copy. The complaining party shall have within ten (10) business days to inform us that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity on the website. If we receive such notification within ten (10) business days, we shall not replace the removed content or cease disabling access to it. If we do not receive such notification from the complaining party that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity on the website, then we shall replace the removed content or cease disabling access to it within four (4) business days following the expiration of the ten (10) business day deadline.

In accordance with the DMCA and other applicable law, we may, in appropriate circumstances, at our sole discretion, terminate access to the website of any user that we find to be a repeat infringer. We reserve the right to define the criteria by which we will determine that a user is a “repeat infringer.” In the event that “repeat infringer” is defined by statute, law, or regulation as applicable to 17 USC § 512, we will adopt that definition as a minimum standard. Without limiting our right to define “repeat infringer,” as a general rule, we will define a “repeat infringer” as any person or entity about whom we have received three (3) or more DMCA notifications of alleged infringement in accordance with the procedures outlined above. We will take into account all relevant facts and circumstances when determining whether or not termination of access or use privileges of a “repeat infringer” is appropriate.

If you believe that a user is a repeat infringer, please follow the instructions above to contact us and provide information sufficient for us to verify that the user has been determined to be in violation of the DMCA repeatedly.

Content You Post

We may provide opportunities for you to post text, photographs, videos, or other content on any 9Round social media accounts. You may only post content if You own all the rights to that content, or if you have permission from other people who own the rights.

You do not transfer ownership of your content simply by posting it. However, by posting content, you grant 9Round, its agents, licensees, and assigns an irrevocable, perpetual (non-exclusive) right and permission to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use your content. This license continues even if you stop using 9Round.

You agree to indemnify 9Round against any and all liability, claims, actions, loss, harm, damage, injury, cost, or expense arising out of any content you post.

Third-Party Links

We are not responsible for the content or availability of outside websites or resources linked to or referenced on the website. We do not endorse and are not responsible or liable, directly or indirectly, for any claims that arise from your access or use of any content, advertising, products, or other materials on or available from such websites.

Social Networks: we may include features that operate in conjunction with certain third-party social networking websites that you visit such as Facebook, Pinterest, Instagram, YouTube, and Twitter (“Social Network Features”). While your use of the Social Network Features is governed by these Terms of Service, your access and use of third party social networking sites and the services provided through 9Round is governed by the terms of service and other agreements posted on these sites. You are responsible for ensuring that your use of those sites complies with any applicable terms of service or other agreements.

Your Account
If you choose to purchase a product or service offered on the website, you will be asked to create an account and will be prompted to create your own unique username and password. You must keep your account information secure. You are solely responsible and liable for all activities that occur under your password or account. You shall notify us immediately of any breach of security or unauthorized use of your password or account. You acknowledge, consent, and agree that we may preserve and disclose your account information if required to do so by law or in a good faith belief that such preservation or disclosure is reasonably necessary to comply with a legal process or to enforce these Terms of Service.

Please do not use the website in a way that violates any laws, infringes anyone’s rights, is offensive, or interferes with us or any features of the website (including any technological measures we employ to enforce these Terms of Service or provide you with access to the website or its content). If we, in our sole discretion, determine that you have acted inappropriately, we reserve the right to terminate your account, prohibit you from using the website, and take appropriate legal actions.

9RoundNOW Membership

The website provides access 9Round's on demand service, 9RoundNOW. 9RoundNOW is a subscription-based video platform that provides users with 9Round workouts on the website or via the app. To become a member of 9RoundNOW, you must subscribe and pay a membership fee in accordance with our then-current rates.

9RoundNOW memberships require internet access and a current, valid, accepted method of payment on file with your 9Round account (“Payment Method”) that will be billed automatically each month.

Please monitor your Payment Method to ensure that it remains current. If your Payment Method expires, your membership will automatically be cancelled at the end of your term.

Your Payment Method will be charged for the Membership Fee periodically depending on your 9RoundNOW membership, on the same date unless you cancel, or we terminate, your membership prior to the billing date of the next payment period. Your membership fee may include applicable taxes or fees that will be included on your bill.

We reserve the right to change our 9RoundNOW membership fee at any time. If we do make changes to the fee, we will provide you with notice, via e-mail to the address listed on your account, prior to charging you for the new fee amount.

You may cancel your 9Round Membership at any time. You must cancel your Membership through Your Account using the following steps:

  1. Log in to your Account;
  2. Click “My Account” at the top right corner;
  3. Click “Manage Subscriptions”; and
  4. Select “Cancel Subscription.”

Cancellations take effect at the end of the current billing period.

Payments are nonrefundable and there are no refunds or credits for partially used periods.

Any content available on the website is for your personal, non-commercial use. During your 9RoundNOW membership, you have a limited, non-exclusive, non-transferable license to access 9RoundNOW content through the website. Other than this limited license, you have no right, title, or interest in 9RoundNOW or the website. You agree not to use 9RoundNOW or the website content for any commercial or public use or to duplicate or otherwise misuse the content. You may not use 9RoundNOW content unless you obtain our permission, or unless you are otherwise permitted by law.

9RoundNOW content may be available in different forms in different countries and features may not work with all internet settings or on all devices. You are responsible for confirming that the website will work on your device. 9Round is not responsible for internet connection/stability that could adversely affect the quality of your 9RoundNOW experience. Check with your internet service provider if you experience any issues.

9RoundNOW is hosted and run on Intelivideo, Inc. ("Intelivideo") software to enable streaming and viewing of 9Round content through specific supported devices. For a list of supported devices click here and here.

Intelivideo assists in the processing of our orders. When you input your credit card information as payment for an order, Intelivideo directly and securely transmits that information to its third-party payment processor, who verifies the credit card and remits the payment to us. Neither we, nor Intelivideo, ever store your credit card image or number. Sales and use taxes, as applicable by law, will be based on your location and our location, and purchase prices are inclusive of taxes.

You will be responsible for paying any applicable taxes relating to your payments and will indemnify and hold harmless 9Round and Intelivideo from your failure to pay any and all taxes, including sales tax, based incorrect information provided by you. If you believe you are entitled to a refund of any taxes, you are solely responsible for such determination.

Intelivideo also fulfills all orders for digitally distributed content by making that content available for viewing. It will inform you of the device and system requirements for accessing this content. You are responsible for completing the digital download, and for all risk of loss of the content after download.

You acknowledge that the resolution and quality of the content received will depend on a number of factors, including the type of device on which it is streamed and available bandwidth. While we strive to provide a high-quality viewing experience, neither we, nor Intelivideo, make any guarantee as to the resolution or quality of the content. Upon receiving an order for any of our products, Intelivideo will notify us so that we may fulfill the order directly.

Eligibility; Age Restriction 

The website may only be used by individuals who are eighteen (18) years and older and who can form legally binding contracts under applicable law. Individuals under the age of eighteen (18) must at all times use the website only in conjunction with and under the supervision of a parent or legal guardian who is at least eighteen (18) years of age. In these cases, the supervising adult is responsible for any and all activities conducted on or through the website.

You represent and warrant that you are at least eighteen (18) years old, or that you are using the website under the supervision of an adult parent or legal guardian, and that all registration information you submit is accurate and truthful.

We may, in our sole discretion, refuse to offer access to or use of the website to any person or entity and change our eligibility criteria at any time.

This provision is void where prohibited by law and the right to access the website is revoked in such jurisdictions.

Acceptable Use

You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the website in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser. You agree to comply with all applicable laws in your use of the website.

Unacceptable Use

You shall not:

  1. modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the website;
  2. remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of the website or any content;
  3. “frame” or “mirror” any portion of the website, or link to any material other than via the homepage of the URL located at https://9round.com/ or the URLs provided by us to you for such purposes, without our prior written authorization;
  4. use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the website;
  5. harvest or collect information about or from users of the website without their express consent and, if such consent is provided, only pursuant to applicable law; or
  6. use the website for any commercial or business-related use or in any commercial establishment or area open to the public (e.g., lobby, hotel, theater, stadium, gym, or any type of fitness facility, etc.) or build a business utilizing the website and its content.

Warranties/Limitation of Liability
OUR CONTENT AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE HEREBY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO OUR WEBSITE OR, SERVICES, WITHOUT LIMITATION, ANY WARRANTIES OF INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT MAKE ANY WARRANTIES THAT THE WEBSITE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT YOUR USE OF THE WEBSITE WILL MEET YOUR EXPECTATIONS, OR THAT THE WEBSITE, CONTENT, OR ANY PORTION THEREOF, IS CORRECT, ACCURATE, OR RELIABLE. WE RESERVE THE RIGHT TO CHANGE ANY PART OF THE WEBSITE AT ANYTIME WITHOUT NOTICE. WE WILL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOSS OF DATA OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE OR STRICT LIABILITY), ARISING OUT OF THIS AGREEMENT OR YOUR USE OR INABILITY TO USE OUR WEBSITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT OR YOUR USE OF OUR WEBSITE OR SERVICES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE GREATER OF (A) THE AMOUNT OF FEES PAID BY YOU TO PURCHASE THE CONTENT OR PRODUCTS THAT GAVE RISE TO SUCH LIABILITY, AND (B) ONE HUNDRED DOLLARS ($100).

Indemnification

You agree to defend, indemnify, and hold harmless 9Round Franchising, LLC and its officers, directors, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and actual out-of-pocket expenses, including reasonable attorneys’ fees, arising out of any breach by you of any of these Terms of Service or your violation of any law or the rights of a third party.

Termination

These Terms of Service shall take effect on the date you first access or use the website and shall continue until terminated in accordance with these Terms of Service. You agree that we may, in our sole discretion, suspend, block, or terminate Your access to all or part of the website and any content, with or without notice, for any reason. Any suspected illegal or fraudulent activity may be referred to appropriate law enforcement authorities.

Governing Law; Jurisdiction; Class Action Waiver

These Terms of Service are governed by the laws of the state of South Carolina, USA, without regard to its conflicts of law provisions. Any claim or controversy arising out of or related to these Terms of Service shall be instituted in any state of federal court in Greenville, South Carolina. Each party agrees to submit to the jurisdiction of and agrees that the venue is proper in such courts in any such legal action or proceeding.

Proceedings to resolve or litigate a dispute in any forum will be conducted on an individual basis only.  Neither you nor 9Round will seek to have a dispute heard as a class action or private attorney general action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No proceeding can be combined with another without the prior written consent of all parties to the proceedings.

Miscellaneous 

These Terms of Service and our Privacy Policy constitute the entire agreement between you, 9Round, and Intelivideo. You may not assign these Terms of Service in whole or in part without our prior written consent, and any purported assignment in violation of this provision shall be null and void. We may assign or otherwise transfer these Terms of Service and all rights granted hereunder in connection with any corporate reorganization, merger, or sale of all or substantially all of the assets and business to which these Terms of Service relate. These Terms of Service shall be binding upon and inure to the benefit of the parties hereto and their respective heirs and assigns.

If any term or provision of these Terms of Service, or part thereof, is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms of Service or invalidate or render unenforceable such term or provision, or part thereof, in any other jurisdiction. Upon a determination that any term or provision, or part thereof, is invalid, illegal, or unenforceable, the court of competent jurisdiction may modify these Terms of Service to affect its original intent as closely as possible in order that the transactions intended herein be consummated as originally contemplated to the greatest extent possible.

Modifications 

We reserve the right to make changes to these Terms of Service at any time by updating this page with any such changes and indicating the date of modification. You acknowledge and agree that it is your responsibility to review these Terms of Service periodically to familiarize yourself with any modifications. By continuing to access and use the website after those changes become effective, You consent and agree to be bound by the revised Terms of Service.

Contact Us
If you have any questions or comments regarding these Terms of Service or our Privacy Policy, you can contact us at:

9Round Franchising, LLC

847 NE Main Street

Simpsonville, SC 29681

Email: techsupport@9round.com