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This End User License Agreement and Terms and Conditions (“EULA”) is a binding agreement between you (“End User” or “you”) and Hunger in the Wild LLC. (“HITW”, “we”, “us”, or “our”). This EULA governs your relationship with HITW, including, but not limited to, your use of the HITW Gym’s services and Teambuildr Mobile Application (the “PROGRAMS”), the website www.hungerinthewild.com. (the “Website”), your purchase of HITW memberships, your rights to cancel your purchase of HITW punch cards, your registration for classes, your purchase of all merchandise(s), your communication with HITW, and your use of and attendance at HITW’s studios.
Please read this EULA carefully before you start to use, or purchase, any HITW products. By using the HITW products or by clicking to accept or agree to the EULA when this option is made available to you, you accept and agree to be bound and abide by this EULA and our Privacy Policy, incorporated herein by reference. If you do not want to agree to the EULA or the Privacy Policy, you must not access or use the HITW products and/or services.
Subject to the terms of this EULA, HITW grants you a limited, non-exclusive, and non transferable license to:
III. LICENSE RESTRICTIONS
Licensee shall not:
You acknowledge and agree that the PROGRAMS are provided under license, and not sold, to you. You do not acquire any ownership interest of the PROGRAMS under this EULA, or any other rights thereto other than to use the PROGRAMS in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this EULA. HITW and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the PROGRAMS, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
You acknowledge that when you download, install, or use the PROGRAMS, HITW may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device and about your use of the PROGRAMS. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the PROGRAMS or certain of its features or functionality, and the PROGRAMS may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with this PROGRAMS is subject to our Privacy Policy. By downloading, installing, using, and providing information to or through these PROGRAMS, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
The PROGRAMS may provide you with access to the Website and products and services accessible thereon, and certain features, functionality, and content accessible on or through the Application may be hosted on the Website (collectively, “Content and Services”). Your access to and use of such Content and Services are governed by Website’s Terms of Use and Privacy Policy, which are incorporated herein by this reference. Your access to and use of such Content and Services may require you to acknowledge your acceptance of such Terms of Use and Privacy Policy and/or to register with the Website, and your failure to do so may restrict you from accessing or using certain of the PROGRAMS full list of features and it’s functionality.
VII. ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
At HITW, we believe every workout and every athlete matters. Our goal is to do our absolute best to ensure that every experience with HITW will exceed your expectations. If that doesn’t happen, we hope you will give us the opportunity to try to address any problem. To do that, please e-mail us at info@hungerinthewild.com or write to us at Hunger in the Wild LLC., 1350 Manufacturing St. Suite 204 Dallas, Texas 75207, Attention: Hunger in the Wild LLC, Feedback. Please include: (1) your name, (2) your address, (3) a description of your concerns, and (4) a description of the specific relief you are choosing to seek.
By accepting the Terms, you and HITW agree to submit any and all Disputes (as defined below) to binding arbitration pursuant to the Federal Arbitration Act (Title 9 of the United States Code), which shall govern the interpretation and enforcement of this arbitration agreement (“Arbitration Agreement”). Arbitration shall be before either (1) JAMS (formerly known as Judicial Arbitration and Mediation Services), www.jamsadr.com, or (2) the American Arbitration Association (“AAA”), www.adr.org. If you initiate arbitration, you shall have the choice as between these two arbitration forums; if HITW initiates arbitration, it shall have the choice as between these two arbitration forums, as well.
Both parties agree that, except as provided in the specific “Definition of Disputes” below, any and all such disputes that arise AFTER you enter into these defined terms and conditions will resolve exclusively and finally by binding arbitration rather than in court by a judge or jury, accordance with this arbitration agreement.
You agree that the arbitration of any Dispute (as defined below) shall be conducted on an individual, not a class-wide basis, and that no such arbitration proceedings may be consolidated with any other arbitration or other legal proceedings involving HITW or any other person. You further agree that you, and anyone asserting a claim through you, will not be a class representative, class member, or otherwise participate in a class, representative, or consolidated proceeding against HITW.
We and you agree that the arbitrator of any Dispute between us may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claim (such as a class action, representative action, consolidated action or private attorney general action).
If this class action waiver (“Class Action Waiver”) clause or any portion thereof is found to be illegal or unenforceable, then the Arbitration Agreement will be unenforceable, and the Dispute will be decided by a court. Any claim that all or part of the Class Action Waiver is invalid, unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
Except as described below, the term “Dispute” in this Arbitration Agreement and the Class Action Waiver means any dispute, claim, or controversy between you and HITW regarding any aspect of your relationship with HITW, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, gross negligence or reckless behavior), or any other legal, statutory or equitable theory, and includes the validity, enforceability or scope of the Terms except for the scope, enforceability and interpretation of this Arbitration Agreement and Class Action Waiver.
Dispute SHALL NOT include personal injury claims or claims for lost, stolen, or damaged property. Dispute also SHALL NOT include; (1) claims that all or part of the Class Action Waiver is invalid, unenforceable, unconscionable, void or voidable; and (2) any claim for public injunctive relief, i.e., injunctive relief that has the primary purpose and effect of prohibiting alleged unlawful acts that threaten future injury to the general public. Such claims may be determined only by a court of competent jurisdiction and not by an arbitrator.
Either you or HITW may initiate arbitration proceedings. The arbitration will be conducted before a single arbitrator. The arbitration will be an individual arbitration, and shall in no event be commenced as a representative or class arbitration.
If you or HITW initiate arbitration, you and we have a choice of doing so before JAMS or the AAA:
You can bring the arbitration in either Texas or in the state where you live if there is a JAMS or AAA in that state. In the event that HITW initiates an arbitration, it will only do so in the state where you live before either JAMS or AAA, unless there is no JAMS or AAA in your state, in which case HITW may initiate the arbitration in Texas.
VII. USE OF THE SITE BY MINORS
If you are under 18, you may register and use the PROGRAMS, only with the involvement of a parent or guardian. HITW does not accept the online registration of minors; please do not attempt to register on the PROGRAMS if you are under the age of 18. Registration of a minor must be completed in person at one of our studios with a parent or guardian.
VIII. RESERVATIONS/CHARGES/CLASSES
In order to attend classes, you must first purchase a class punch card, or membership. To buy a class punch card, or membership please visit www.hungerinthewild.com. Our punch cards expire within one year of the purchase date. If, however, you get jammed up and cannot make it in time, just give us a call, stop by the gym, or e-mail us and we can help you find a resolution. Future membership prices are subject to change, but HITW will honor your punch card until the expiration date, regardless of whether there is a price increase in the interim period, or not. We accept MasterCard, Visa, Discover, and American Express. Cash payments are not accepted. You can reserve classes online up to 24 hours in advance. Your credit/debit card will be charged for your order when you buy a punch card or membership. HITW will not process charges that use an incorrect, expired, or over-the-limit credit card. We will try to contact you if this occurs. If you fail to pay any fees or charges when due, services or privileges may be suspended or indefinitely terminated. You shall be responsible and liable for any fees, including attorneys’ fees and collection costs, that HITW may incur in its efforts to collect any unpaid balances from you.
The service being requested is for coaching designed to progress the Client toward elite fitness. The agreement is for coaching services over a specific period of time or sessions during which the Client is eligible to partake in any and all activities in accordance with their Membership package. HITW LLC, offers the following Membership options to its Clients: (1) Month-to-Month Membership, (2) Prepaid Membership, and (3) Session(s) Membership. All Membership types are non-transferable, non-assignable, and non-sellable. Any such attempted transfer, assignment, or sale is void and will not be honored.
The term of the Agreement shall commence on the date of purchase, (or otherwise selected start date noted within the Membership plan), and shall automatically renew upon the expiration of the plan, unless otherwise cancelled in accordance with the provisions of the Agreement.
No refunds shall be made for services purchased, except as specifically provided in the Agreement.
Month-to-Month Membership Agreement: The Client may place their Membership on hold two (2) times per calendar year up to three (3) consecutive months each time. The hold must be 30 days in duration at minimum. Upon expiration of the term of the hold, the Client’s account will automatically become active and payments will resume. Should the Client choose to return prior to the end of their hold period, the hold will be released and payments will resume. The submission of a hold effectively halts contract period and the contract term will resume upon the release of the Client’s hold period. Prepaid Membership and Sessions Agreements: Prepaid Membership and Sessions Agreements are subject to the exact same specified hold options outlined above.
The Content and Services are based in the state of Texas in the United States and provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Content and Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Content and Services from outside the United States, you are responsible for compliance with local laws.
By signing up for and/or attending classes, events, activities, and other PROGRAMS, and using the premises, facilities and equipment (individually and/or collectively, the “Classes and Facilities”) of HITW and its subsidiaries, you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in group-based functional fitness and exercise equipment in association with the Classes and use of the Facilities. You acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. You also acknowledge that the specific risks vary from one activity to another, but range from (1) minor injuries such as scratches, bruises, and sprains; (2) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, and concussions; and (3) catastrophic injuries including paralysis and death.
If in the subjective opinion of the HITW staff, you would be at physical risk using HITW’s Classes and Facilities, you understand and agree that you may be denied access to the Classes and Facilities until you furnish HITW with an opinion letter from your medical doctor, at your sole cost and expense, specifically addressing HITW’s concerns and stating that HITW’s concerns are unfounded.
In consideration of being allowed to participate in and access the Classes and Facilities, you hereby (1) agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by you in relation to the Classes and Facilities, whether sustained while using exercise equipment or not, (2) release, indemnify, and hold harmless HITW, its direct and indirect parent, subsidiary affiliate entities, and each of their respective officers, directors, members, employees, representatives and agents, and each of their respective successors and assigns and all others, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent allowed by law arising out of or in any way related to participation in the Classes or use of the Facilities, and (3) represent that you (a) have no medical or physical condition that would prevent you from properly using any of HITW’s Classes and Facilities, (b) do not have a physical or mental condition that would put you in any physical or medical danger, and (c) have not been instructed by a physician to not participate in physical exercise. You acknowledge that if you have any chronic disabilities or conditions, you are at risk in using HITW’s Classes and Facilities, and should not be participating in any Classes.
XII. LINKS/THIRD PARTY WEBSITES
HITW has not reviewed all the sites linked to the Website and/or PROGRAMS, and is not responsible for the content or any off-site pages or other linked sites. Although a third party website and/or app may contain the HITW logo, please understand that it is independent from HITW, and that HITW has no control over the content of that website and/or PROGRAMS. Going to third party or off-site websites from the Website and/or PROGRAMS is at your own risk. These links do not imply endorsement of, sponsorship of, or affiliation with HITW.
XIII. INTELLECTUAL PROPERTY RIGHTS
The trademarks and trade dress of HITW are proprietary to HITW and may not be used by you for any reasons other than as expressly permitted by these terms. All Website and PROGRAMS content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof; and all software are property of, or duly licensed to, HITW. You have the right to view, electronically copy, and print in hard copy portions of the Website and PROGRAMS for the sole purpose of making class reservations, purchases, or other personal use.
Any other use of materials on the Website, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of HITW, is strictly prohibited.
You acknowledge that HITW and/or third party content providers remain the owners of all Website and PROGRAMS materials, and that you do not acquire any of those ownership rights by downloading, copying, or using any such material in accordance with these Terms. HITW may discontinue or remove the Website or PROGRAMS, or any portion thereof, or discontinue your right to use the Website or PROGRAMS, or any portion thereof, at any time.
XIV. TERM AND TERMINATION
(a) The term of the EULA commences when you install the and will continue in effect until terminated by you or Company as set forth in this Section.
(b) You may terminate this EULA by deleting the PROGRAMS and all copies thereof from your Mobile Device.
(c) HITW may terminate this EULA at any time without notice if it ceases to support the App, which HITW may do in its sole discretion. In addition, this EULA will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.
(d) Upon termination:
(e) Termination will not limit any of HITW’s rights or remedies at law or in equity.
In no event will HITW be liable for any direct, indirect, special, or other consequential damages resulting from your use of the Website, the PROGRAMS, or on any other linked/third-party website, your purchase of a HITW membership, your rights to cancel your purchase of a HITW membership, your registration for classes, your purchase of merchandise, your communication with HITW, and your use of and attendance at HITW’s gyms, including without limitation, any lost profits, business interruption, loss of programs, or other data on your information handling systems or otherwise, including any claims waived by you previously in this agreement even if HITW expressly advised of the possibility of such damage.
All information, goods, services, products and experiences are provided by HITW on an “as is” basis only. The entire risk as to the quality and performance of the goods, services, products and experiences remains with you. Should the goods, services, products and/or experiences prove defective after purchase, you assume the entire cost of such defect. HITW provides no representations and warranties, express or implied, including the implied warranties of fitness for a particular purpose, merchantability, and non-infringement.
XVI. CHOICE OF LAW
The Terms are governed by the laws of the State of Texas, without regard to Texas’s choice of law provisions. Except as provided above as to those Disputes you or HITW submit to binding arbitration pursuant to the Federal Arbitration Act (Title 9 of the United States Code), any Disputes must be brought in Texas.
XVII. SEVERABILITY
If any provision of this EULA is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this EULA will continue in full force and effect.
XVIII. ENTIRE AGREEMENT
This EULA, our Terms & Conditions, and our Privacy Policy constitute the entire agreement between you and HITW with respect to the PROGRAMS and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the PROGRAMS.
XIX. CONTACT US
If you have any questions about this EULA you can reach us at support@hungerinthewild.com
DISCLAIMER
By using any products or services offered or controlled by HITW LLC, (“HITW”, “we”, “us”, or “our”) or any information provided by us, including but not limited to your use of the HITW PROGRAMS (the “PROGRAMS”) or the website hungerinthewild.com, (the “Website”), you acknowledge that you have read and agree to the terms in this disclaimer. If you do not agree with these terms, DO NOT USE OUR PROGRAMS OR ACCESS THE WEBSITE.
ASSUMPTION OF RISK
Exercise is not without its risks and this or any other fitness program may result in injury. You expressly agree that the use of the PROGRAM or Website is done at your own risk. The information published by us is for informational purposes only. Any reliance you place on such, you do at your own risk. You understand that while great care is taken to provide you with the best information possible, HITW makes no representations or warranties of any kind, express or implied, about the reliability, accuracy, completeness, security, or currency of the information provided.
HITW IS NOT PROVIDING PROFESSIONAL HEALTHCARE SERVICES.
Prior to using any services provided by HITW we ask that you consult your physician or healthcare professional. HITW will not be held liable for any health issues caused by your use of the PROGRAMS or the Website. Any information provided by HITW through the PROGRAMS or the Website is not intended to be, and must not be taken to be, the practice of medicine or medical advice. HITW does not claim to and will not be held responsible for diagnosing, treating, or curing any health condition. HITW’s services do not take the place of your healthcare professionals. Under no circumstances should you stop seeing your team of healthcare professionals.