Terms and Conditions
IMPORTANT: READ THIS USER AGREEMENT (THE "AGREEMENT") CAREFULLY BEFORE PROCEEDING.THIS AGREEMENT IS BETWEEN YOU AND FITR.TV LLC ("BARBELL SHRUGGED") FOR THE SHRUGGED STRENGTH PROGRAM SELECTED BY YOU AS PART OF THE ENROLLMENT PROCESS.BY COMPLETING THE ENROLLMENT PROCESS OR CLICKING THE "I ACCEPT" OR "I AGREE" BUTTON ON THE BARBELL SHRUGGED ORDER FORM, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT WANT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, PROMPTLY CLOSE THE WINDOW.
For purposes of this Agreement, the words "we", "us", "our" and "BARBELL SHRUGGED" mean and refer to FITR.TV LLC., its affiliates and any agent, including sales agents, independent contractors or assignees that BARBELL SHRUGGED may, in its sole discretion, involve in the sale or provision of the BARBELL SHRUGGED Services or Programs. The words "You", "Your", or "User" refer to the person or entity identified as the user during the enrollment process. “COACH”, if applicable, refers to the entity or person that supported your enrollment into the BARBELL SHRUGGED services. “ATHLETES”, if applicable, refers to other persons in a COACH’s program.
I. General
a. Accuracy of Information. You must be at least 13 years of age to use the BARBELL SHRUGGED services. You hereby represent and warrant that all enrollment information, entries, posts and responses, including without limitation, Your name and contact information is Yours, is truthful and accurate.
b. BARBELL SHRUGGED Services. BARBELL SHRUGGED provides Users and, if applicable, COACH's, and ATHLETES with access to an online membership site to assist athletes in developing and maintaining a system to track, support, report and maintain a consistent physical training or exercise program, and share information and videos.
c. User Code of Conduct. You shall not use the BARBELL SHRUGGED services, membership site or content in violation of this agreement and or applicable laws.
i) You represent that you own or have the rights to use the content you post or share on this site, and that it does not violate any privacy rights, publicity rights, contractual rights, or intellectual property rights of any other person, or entity, and that you agree and acknowledge to the sharing of this information with others to include, but not limited to your COACH and other ATHLETES;
ii) You are strictly prohibited from using the BARBELL SHRUGGED services to communicate, post or share information that is patently offensive, vulgar, contains adult content to include nudity, promotes hatred, bullying, bigotry, racism, against any person or a person of a protected class based on race, creed, color or sexual orientation, or offensive subject matter or contains a reference or link to a third party site that may contain such material.
iii) You shall not post information, videos, material or links to information that is false or misleading or promotes any illegal or criminal activity to include gambling, drug dealing, child pornography, fraud, stalking or violating any other user’s privacy or intellectual property or that is abuse or threatening, obscene, defamatory, or libelous or any content that is pirated or otherwise in violation of the owner’s intellectual property rights.
iv) You shall not use the BARBELL SHRUGGED service to solicit other Users information for purposes other than for the BARBELL SHRUGGED services.
v) You agree and acknowledge that BARBELL SHRUGGED can and will remove any content you post especially any that does or is alleged to violate or infringe the copyright of a third party and You agree to immediately notify BARBELL SHRUGGED if you know or suspect that another person has posted any material that violates this Agreement to include the copyright of third party.
For purposes of this Agreement, the words "we", "us", "our" and "BARBELL SHRUGGED" mean and refer to FITR.TV LLC., its affiliates and any agent, including sales agents, independent contractors or assignees that BARBELL SHRUGGED may, in its sole discretion, involve in the sale or provision of the BARBELL SHRUGGED Services or Programs. The words "You", "Your", or "User" refer to the person or entity identified as the user during the enrollment process. “COACH”, if applicable, refers to the entity or person that supported your enrollment into the BARBELL SHRUGGED services. “ATHLETES”, if applicable, refers to other persons in a COACH’s program.
I. General
a. Accuracy of Information. You must be at least 13 years of age to use the BARBELL SHRUGGED services. You hereby represent and warrant that all enrollment information, entries, posts and responses, including without limitation, Your name and contact information is Yours, is truthful and accurate.
b. BARBELL SHRUGGED Services. BARBELL SHRUGGED provides Users and, if applicable, COACH's, and ATHLETES with access to an online membership site to assist athletes in developing and maintaining a system to track, support, report and maintain a consistent physical training or exercise program, and share information and videos.
c. User Code of Conduct. You shall not use the BARBELL SHRUGGED services, membership site or content in violation of this agreement and or applicable laws.
i) You represent that you own or have the rights to use the content you post or share on this site, and that it does not violate any privacy rights, publicity rights, contractual rights, or intellectual property rights of any other person, or entity, and that you agree and acknowledge to the sharing of this information with others to include, but not limited to your COACH and other ATHLETES;
ii) You are strictly prohibited from using the BARBELL SHRUGGED services to communicate, post or share information that is patently offensive, vulgar, contains adult content to include nudity, promotes hatred, bullying, bigotry, racism, against any person or a person of a protected class based on race, creed, color or sexual orientation, or offensive subject matter or contains a reference or link to a third party site that may contain such material.
iii) You shall not post information, videos, material or links to information that is false or misleading or promotes any illegal or criminal activity to include gambling, drug dealing, child pornography, fraud, stalking or violating any other user’s privacy or intellectual property or that is abuse or threatening, obscene, defamatory, or libelous or any content that is pirated or otherwise in violation of the owner’s intellectual property rights.
iv) You shall not use the BARBELL SHRUGGED service to solicit other Users information for purposes other than for the BARBELL SHRUGGED services.
v) You agree and acknowledge that BARBELL SHRUGGED can and will remove any content you post especially any that does or is alleged to violate or infringe the copyright of a third party and You agree to immediately notify BARBELL SHRUGGED if you know or suspect that another person has posted any material that violates this Agreement to include the copyright of third party.
II. Waiver
The information and/or advice presenting in this program is not medical advice and should be viewed as entertainment only. It is your responsibility prior to making any changes to your current exercise or training routine to get a medical examination and/or doctors approval to confirm you are in good health and it is safe to for you to make said changes. Use of BARBELL SHRUGGED Shrugged Strength Program is at your own risk. BARBELL SHRUGGED Shrugged Strength Program and its employees/COACHES, as well as any partnering websites are not liable for any damages that arise out of your access to this site, whether they be direct, indirect, special, incidental, consequential, or punitive. The information provided on BARBELL SHRUGGED Shrugged Strength Program website and by its employees is for education and entertainment purposes only and is not a substitute for medical advice. In no event shall the owners and/or administrators of BARBELL SHRUGGED Shrugged Strength Program, its website, its partners, vendors, or any third parties mentioned within the content of the website be liable for any damages or injuries however caused, whether it be during or after altering any nutritional or lifestyle program. BARBELL SHRUGGED Shrugged Strength Program assumes no responsibility for any aspect of health care administered as a result of content available on the website. BARBELL SHRUGGED Shrugged Strength Program cannot be held responsible for any claims relating to illness/ailments that are deemed to have possibly arisen from reading any material on this website, including the websites identified on our links page. BARBELL SHRUGGED Shrugged Strength Program is not intended to replace the advice of medical practitioners. BARBELL SHRUGGED Shrugged Strength Program employees/COACHES do not diagnose, or claim to treat, medical conditions. BARBELL SHRUGGED Shrugged Strength Program employees are not registered or license nutritionists or dietitians and therefore can only provide general (non-medical) nutrition advice. Any person suffering from a medical condition or unexplained symptoms should consult their doctor. If you, the client, suspect that you may have an illness or medical condition, then you are encouraged to seek medical attention from a licensed physician. Information and recommendations given by BARBELL SHRUGGED Shrugged Strength Program are not intended as a substitute for the medical advice and treatment of a doctor.
III. Term and Termination
a. This license grants you a non-exclusive, limited time, online use of the items accessed from http://programs.barbellshrugged.com for duration you’re enrolled in the program and up to one year after the program ends AS LONG AS you have met your minimum commitment. For example, if you enroll for 12 months and do not complete the program or default on your payments, you will lose access to all programming paid for up until that point.
b. This Agreement will commence immediately upon Your clicking on the "I Accept" or "I Agree" button and shall continue until otherwise terminated. This Agreement may be terminated at any time: (i) by BARBELL SHRUGGED immediately if You violate any provision of the Code of Conduct or Use of Services or for any reason BARBELL SHRUGGED deems
c. If any payment is not received when due, BARBELL SHRUGGED reserves the right to disable Your access to the BARBELL SHRUGGED program membership site and/or other services.
d. Monthly check ins are a required part of the BARBELL SHRUGGED Shrugged Strength program. To participate in this program, You must submit information in a monthly check in to your coach. You will be requested automatically for this, and not submitting a monthly check in will result in not receiving subsequent programming until check in is received.
IV. Proprietary Rights
You acknowledge and agree that, as between BARBELL SHRUGGED and You, all right, title and interest in and to the BARBELL SHRUGGED membership site and its contents, any part thereof, and other BARBELL SHRUGGED proprietary processes and solutions included in the services under this agreement, all patents, trademarks copyrights, trade secrets and all other intellectual property rights therein and thereto, and all copies thereof, in whatever form, including any written documentation shall at all times be and remain solely with BARBELL SHRUGGED. BARBELL SHRUGGED does not claim ownership in the information, text, posts, images, videos, links, photos or other items User posts on the BARBELL SHRUGGED membership site or Facebook group or their account and YOU are solely responsible for any 3rd party content YOU post or generate or which You are featured in or visible.
b. This Agreement will commence immediately upon Your clicking on the "I Accept" or "I Agree" button and shall continue until otherwise terminated. This Agreement may be terminated at any time: (i) by BARBELL SHRUGGED immediately if You violate any provision of the Code of Conduct or Use of Services or for any reason BARBELL SHRUGGED deems
c. If any payment is not received when due, BARBELL SHRUGGED reserves the right to disable Your access to the BARBELL SHRUGGED program membership site and/or other services.
d. Monthly check ins are a required part of the BARBELL SHRUGGED Shrugged Strength program. To participate in this program, You must submit information in a monthly check in to your coach. You will be requested automatically for this, and not submitting a monthly check in will result in not receiving subsequent programming until check in is received.
IV. Proprietary Rights
You acknowledge and agree that, as between BARBELL SHRUGGED and You, all right, title and interest in and to the BARBELL SHRUGGED membership site and its contents, any part thereof, and other BARBELL SHRUGGED proprietary processes and solutions included in the services under this agreement, all patents, trademarks copyrights, trade secrets and all other intellectual property rights therein and thereto, and all copies thereof, in whatever form, including any written documentation shall at all times be and remain solely with BARBELL SHRUGGED. BARBELL SHRUGGED does not claim ownership in the information, text, posts, images, videos, links, photos or other items User posts on the BARBELL SHRUGGED membership site or Facebook group or their account and YOU are solely responsible for any 3rd party content YOU post or generate or which You are featured in or visible.
V. Billing
For monthly subscriptions, monthly payments will be drafted from your account consistent with your original start date. By signing up for this program you are agreeing to participate for a minimum of the time commitment you have chosen (6, 9 or 12) months after which you will go on a month to month billing schedule. Any and all changes (credit card updates) require a 15 day lead time and can be made by emailing help@barbellshrugged.com. IF you cancel your agreement before the contract duration ends, then you will lose access to all programming paid for up until that point on the Program membership site.
VI. Agreement Duration and Automatic Renewal
Agreement is in effect for the agreed upon terms (6, 9 or 12 months) from the agreement start Date, with automatic renewal for subsequent months, unless cancelled with notification via email (see cancellation policy below) at least 15 days in advance of the next billing date. See below regarding how to freeze your auto pay.
VII. Support
For technical support you can email help@barbellshrugged.com. We will not provide any technical support via Facebook, Twitter or any other social media. If you have any membership or billing questions please contact us. We are committed to help you with any type of technical support query, however we can’t provide extensive help in terms of technological customizations.
VIII. Freeze Auto-Pay Due to Injury
You may freeze your auto pay ONLY if you cannot perform exercise due to extreme illness, injury or other related health factors. A copy (photograph, scanned) of signed doctor’s note describing injury/illness duration and limitations. To freeze your auto pay, a completed request must be submitted via email at least 15 days in advance of your next billing date in order for your request to be effective for the following month. Billing date is based on your activation date. Accounts can be frozen for a minimum of 1 month and a maximum of 2 months. The length of the agreement will extend one month for each month the account is frozen.
IX. Refund Policy
If you are not satisfied with the product or any reason you can email help@barbellshrugged.com within 30 days (starting on Day 1 of the program) to receive a full refund. There is no refund after the first month of the program is complete.
X. Cancellation Policy
After the commitment level of the program has been met (6, 9, 0r 12 months) has been met, you may cancel your subscription anytime. Your commitment level is chosen when you sign up for the program based on the price you chose. If you cancel, you forfeit all future content scheduled in the program. Please note that you must submit a notification via email at least 15 days in advance of the next billing date. No refunds will be given after an account has been billed. If you default on payments during the committed time period, you will lose access to all programming and content paid for up until that point.
XI. Access to Bonus Materials
All course bonus videos will initially be distributed on a weekly basis. If you default on payments during the committed time period, you will lose access to all programming and content paid for up until that point.
XII. Privacy Policy
Any information submitted will be used solely for the purpose of completing the transaction, delivering the product and addressing any customer service issues. As part of your purchase you will also be added to our weekly newsletter. Use of and access to the BARBELL SHRUGGED program is provided on a service basis only and subject to our privacy policy as published on this site. You should not consider that any information, posts, links or any information shared as part of the BARBELL SHRUGGED services is confidential, secure, or otherwise not accessible to others and you should carefully consider posting personal or other private information on the BARBELL SHRUGGED site or within the services as it is subject to public disclosure. You grant BARBELL SHRUGGED the right to reproduce and display the information, posts, video, content, and links to 3rd party site to other users, COACH, and ATHLETES. Notwithstanding, You authorize BARBELL SHRUGGED to provide Your COACH, if any, with information related to your training program, posts, documents, videos, links and reports.
XIII. Limitation of Liability; Disclaimer of Warranties.
a. NOTWITHSTANDING ANY PROVISION IN THIS AGREEMENT TO THE CONTRARY, BARBELL SHRUGGED'S CUMULATIVE AGGREGATE LIABILITY FOR ANY LOSSES, CLAIMS, SUITS, CONTROVERSIES, BREACHES, OR DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF ACTION OR LEGAL THEORY, SHALL BE LIMITED TO THE ACTUAL DAMAGES SUFFERED BY YOU AND, IN ANY EVENT, SHALL NOT EXCEED THE LESSER OF (I) THE AMOUNT OF FEES PAID BY YOU OR YOUR COACH TO BARBELL SHRUGGED FOR YOUR INDIVIDUAL SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO THE DATE THAT THE LIABILITY ARISES, OR (II) $500.00.
b. IN NO EVENT SHALL EITHER PARTY, THEIR AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR LOST PROFITS, LOST BUSINESS OPPORTUNITIES, LOST REVENUES, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WHETHER EITHER PARTY OR ANY ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
c. THIS AGREEMENT IS A SERVICE AGREEMENT, AND EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, BARBELL SHRUGGED DISCLAIMS ALL OTHER REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES REGARDING QUALITY, SUITABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE (IRRESPECTIVE OF ANY COURSE OF DEALING, CUSTOM OR USAGE OF TRADE) OF ANY SERVICES OR ANY GOODS PROVIDED INCIDENTAL TO THE SERVICES PROVIDED UNDER THIS AGREEMENT.
d. BARBELL SHRUGGED DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR FREE OR THAT ITS SERVERS ARE FREE OF COMPUTER VIRUSES AND/OR OTHER HARMFUL MATERIALS. NOR DOES IT WARRANT THAT THE CONTENT POSTED BY USERS IS ACCURATE AND TRUTHFULe. You acknowledge and agree that the provisions and limitations of this section are essential to this Agreement and that absent them, BARBELL SHRUGGED would not have entered into this Agreement.
XIV. Indemnification.
Each party shall indemnify and hold harmless the other party and its Affiliates and their respective officers, directors, employees, partners, agents, successors and assigns from, and shall defend the other against, any costs, liabilities, damages or expenses (including reasonable attorneys’ fees) arising out of or relating to any third party claim (i) that the party has infringed upon the intellectual property rights of another and (ii) attributable to breaches of the other party’s express representations and warranties contained in this Agreement.
XV. Communications
You agree to accept communications from BARBELL SHRUGGED via email, text or other electronic form.
XVI. Other
a. All notices hereunder shall be in writing and shall be deemed given when personally delivered, or when sent by facsimile transmission with receipt confirmed, one day after being sent by a reputable overnight courier, or three business days after being mailed by certified mail, return receipt requested, in each case directed: (i) if to User, to the address shown during the enrollment process and/or by way of posting on the BARBELL SHRUGGED membership site; (ii) if to BARBELL SHRUGGED: 856 WinterFall Trail Cove, Cordova, TN 38018 Attention: Legal Department; or (iii) to such other addresses for each party as specified by such party in a notice given to the other party.
b. The parties agree that they are acting hereunder as independent contractors and that nothing contained in this Agreement shall be deemed or construed by the parties hereto, or any third party, to create the relationship of agency, partnership or joint venture between the parties. No party to this Agreement has, and shall not hold itself out as having, any authority to enter into any contract or create any obligation or liability on behalf of, in the name of, or binding upon the other parties.
c. Neither party may assign, delegate nor otherwise transfer the rights or obligations associated with this Agreement, in whole or in part, without the prior written consent of the other party; provided however, no written consent shall be required to assign this Agreement to any parent or the wholly owned subsidiary of the party. Furthermore, no written consent shall be required for BARBELL SHRUGGED to assign this Agreement to its successor as a result of a merger, acquisition, sale, transfer or other disposition of all or substantially all of its assets. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their respective successors and permitted assigns.
d. BARBELL SHRUGGED may subcontract with one or more affiliates or third parties to provide any service required to be provided by BARBELL SHRUGGED hereunder, provided that no such use of subcontractors shall relieve BARBELL SHRUGGED of its obligations under this Agreement.
e. This Agreement constitutes the complete and exclusive statement of the agreement between the parties, and supersedes and merges all prior proposals and all other agreements, whether oral or written, between the parties relating to the subject matter hereof. Any documents of User referring to such party's terms and conditions, such as vendor manuals, codes of conduct, requests for proposals, purchase orders or invoices that are not expressly contained or incorporated herein, or are contrary to the terms and conditions contained herein, shall not be binding upon BARBELL SHRUGGED. No change, modification, or waiver of any term or condition of the Agreement shall be valid unless in writing signed by each party. Notwithstanding, BARBELL SHRUGGED may update this Agreement in the event that the laws, rules and regulations require, or other applicable standards are changed or updated. For purposes of this section, an electronic or "click-wrap" notice intended to modify or amend this Agreement and which you click "I Accept" or "I Agree" or otherwise accept through an electronic process, shall constitute a writing as required herein. The waiver or failure of either party to exercise any right provided for in this Agreement shall not be deemed a waiver of any further or future right under this Agreement.
f. If any of the terms, or portions thereof, of this Agreement are invalid or unenforceable under any applicable statute or rule of law, the court shall reform the Agreement to include an enforceable term as close to the intent of the original term as possible; all other terms shall remain unchanged.
g. This Agreement shall be construed and governed in accordance with the laws of the State of Tennessee, excluding its conflict of law provisions. Any litigation arising out of or related to this Agreement shall be commenced and maintained exclusively in the state or federal courts sitting in Tennessee.
h. Neither party will be liable to the other under this Agreement if delayed or prevented from performance by causes beyond its control including, but not limited to, fires, floods, strikes, acts of God, war, insurrection, governmental restrictions, or other causes of a like or different nature beyond the control of such party.
i. BARBELL SHRUGGED and User irrevocably waive any and all rights they may have to a trial by jury in any judicial proceeding involving any claim relating to this agreement.Nothing herein expressed or implied is intended to or shall be construed to confer upon or give any person or entity, other than the parties hereto and their respective successors and permitted assigns, any rights or remedies under or by reason of this Agreement.
XIII. Limitation of Liability; Disclaimer of Warranties.
a. NOTWITHSTANDING ANY PROVISION IN THIS AGREEMENT TO THE CONTRARY, BARBELL SHRUGGED'S CUMULATIVE AGGREGATE LIABILITY FOR ANY LOSSES, CLAIMS, SUITS, CONTROVERSIES, BREACHES, OR DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF ACTION OR LEGAL THEORY, SHALL BE LIMITED TO THE ACTUAL DAMAGES SUFFERED BY YOU AND, IN ANY EVENT, SHALL NOT EXCEED THE LESSER OF (I) THE AMOUNT OF FEES PAID BY YOU OR YOUR COACH TO BARBELL SHRUGGED FOR YOUR INDIVIDUAL SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO THE DATE THAT THE LIABILITY ARISES, OR (II) $500.00.
b. IN NO EVENT SHALL EITHER PARTY, THEIR AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR LOST PROFITS, LOST BUSINESS OPPORTUNITIES, LOST REVENUES, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WHETHER EITHER PARTY OR ANY ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
c. THIS AGREEMENT IS A SERVICE AGREEMENT, AND EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, BARBELL SHRUGGED DISCLAIMS ALL OTHER REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES REGARDING QUALITY, SUITABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE (IRRESPECTIVE OF ANY COURSE OF DEALING, CUSTOM OR USAGE OF TRADE) OF ANY SERVICES OR ANY GOODS PROVIDED INCIDENTAL TO THE SERVICES PROVIDED UNDER THIS AGREEMENT.
d. BARBELL SHRUGGED DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR FREE OR THAT ITS SERVERS ARE FREE OF COMPUTER VIRUSES AND/OR OTHER HARMFUL MATERIALS. NOR DOES IT WARRANT THAT THE CONTENT POSTED BY USERS IS ACCURATE AND TRUTHFULe. You acknowledge and agree that the provisions and limitations of this section are essential to this Agreement and that absent them, BARBELL SHRUGGED would not have entered into this Agreement.
XIV. Indemnification.
Each party shall indemnify and hold harmless the other party and its Affiliates and their respective officers, directors, employees, partners, agents, successors and assigns from, and shall defend the other against, any costs, liabilities, damages or expenses (including reasonable attorneys’ fees) arising out of or relating to any third party claim (i) that the party has infringed upon the intellectual property rights of another and (ii) attributable to breaches of the other party’s express representations and warranties contained in this Agreement.
XV. Communications
You agree to accept communications from BARBELL SHRUGGED via email, text or other electronic form.
XVI. Other
a. All notices hereunder shall be in writing and shall be deemed given when personally delivered, or when sent by facsimile transmission with receipt confirmed, one day after being sent by a reputable overnight courier, or three business days after being mailed by certified mail, return receipt requested, in each case directed: (i) if to User, to the address shown during the enrollment process and/or by way of posting on the BARBELL SHRUGGED membership site; (ii) if to BARBELL SHRUGGED: 856 WinterFall Trail Cove, Cordova, TN 38018 Attention: Legal Department; or (iii) to such other addresses for each party as specified by such party in a notice given to the other party.
b. The parties agree that they are acting hereunder as independent contractors and that nothing contained in this Agreement shall be deemed or construed by the parties hereto, or any third party, to create the relationship of agency, partnership or joint venture between the parties. No party to this Agreement has, and shall not hold itself out as having, any authority to enter into any contract or create any obligation or liability on behalf of, in the name of, or binding upon the other parties.
c. Neither party may assign, delegate nor otherwise transfer the rights or obligations associated with this Agreement, in whole or in part, without the prior written consent of the other party; provided however, no written consent shall be required to assign this Agreement to any parent or the wholly owned subsidiary of the party. Furthermore, no written consent shall be required for BARBELL SHRUGGED to assign this Agreement to its successor as a result of a merger, acquisition, sale, transfer or other disposition of all or substantially all of its assets. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their respective successors and permitted assigns.
d. BARBELL SHRUGGED may subcontract with one or more affiliates or third parties to provide any service required to be provided by BARBELL SHRUGGED hereunder, provided that no such use of subcontractors shall relieve BARBELL SHRUGGED of its obligations under this Agreement.
e. This Agreement constitutes the complete and exclusive statement of the agreement between the parties, and supersedes and merges all prior proposals and all other agreements, whether oral or written, between the parties relating to the subject matter hereof. Any documents of User referring to such party's terms and conditions, such as vendor manuals, codes of conduct, requests for proposals, purchase orders or invoices that are not expressly contained or incorporated herein, or are contrary to the terms and conditions contained herein, shall not be binding upon BARBELL SHRUGGED. No change, modification, or waiver of any term or condition of the Agreement shall be valid unless in writing signed by each party. Notwithstanding, BARBELL SHRUGGED may update this Agreement in the event that the laws, rules and regulations require, or other applicable standards are changed or updated. For purposes of this section, an electronic or "click-wrap" notice intended to modify or amend this Agreement and which you click "I Accept" or "I Agree" or otherwise accept through an electronic process, shall constitute a writing as required herein. The waiver or failure of either party to exercise any right provided for in this Agreement shall not be deemed a waiver of any further or future right under this Agreement.
f. If any of the terms, or portions thereof, of this Agreement are invalid or unenforceable under any applicable statute or rule of law, the court shall reform the Agreement to include an enforceable term as close to the intent of the original term as possible; all other terms shall remain unchanged.
g. This Agreement shall be construed and governed in accordance with the laws of the State of Tennessee, excluding its conflict of law provisions. Any litigation arising out of or related to this Agreement shall be commenced and maintained exclusively in the state or federal courts sitting in Tennessee.
h. Neither party will be liable to the other under this Agreement if delayed or prevented from performance by causes beyond its control including, but not limited to, fires, floods, strikes, acts of God, war, insurrection, governmental restrictions, or other causes of a like or different nature beyond the control of such party.
i. BARBELL SHRUGGED and User irrevocably waive any and all rights they may have to a trial by jury in any judicial proceeding involving any claim relating to this agreement.Nothing herein expressed or implied is intended to or shall be construed to confer upon or give any person or entity, other than the parties hereto and their respective successors and permitted assigns, any rights or remedies under or by reason of this Agreement.
XVII. Contact Info
If you have any questions you can contact us at help@barbellshrugged.com. Fitr.tv LLC is located at 856 Winterfalls Trail, Cordova, TN 38018. To speak with a member of our team you can call 1-855-800-98273. Thank you for your support!
Last updated: 07/23/2016
Last updated: 07/23/2016