TERMS OF SERVICE

Pure Barre On Demand Terms of Use

Overview:

Welcome to Pure Barre On Demand (“PBOD”)! We are a subscription service (the “PBOD Service”) that provides our members with access to Pure Barre classes of varying lengths ("PBOD Content") streamed over the Internet to certain Internet-connected TV's, computers and other devices ("PBOD-Ready Devices"). References to the PBOD Service include the all features and functionalities, website, and user interfaces, as well as all content and software associated with the PBOD service.

These Terms of Use (the “Agreement” or “Terms of Use”) create a contract between you and Pure Barre, LLC, the owner of the PBOD content and owner and operator of the PBOD Services (Pure Barre, LLC is referred to in this Agreement as “we” or “us”).

Acceptance of Terms of Use

By creating an account, as described in this Agreement, or by using, visiting, or browsing the PBOD Service you are accepting these Terms of Use (including our Privacy Statement found at (www.ondemand.purebarre.com/page/privacy), and acknowledge and agree that they will govern your use of the PBOD Service. If you do not agree to these Terms of Use, do not access or use the PBOD Service.

Changes to Terms of Use.

We may, from time to time, change these Terms of Use, including the Privacy Statement. Such revisions shall be effective immediately; provided however, for existing members, such revisions shall, unless otherwise stated, be effective 30 days after posting.

Privacy. Personally identifying information is subject to our Privacy Statement (except to the extent inconsistent with this Agreement), the terms of which are incorporated herein. Please review our Privacy Statement to understand our practices.

Communication Preferences. By using the PBOD Service, you consent to receiving electronic communications from us and our affiliates relating to your account and other communications such as newsletters about new PBOD features and content, special offers, promotional announcements and customer surveys via email or other methods. You also consent to our providing information relating to you and your PBOD account to our franchisees and to receiving studio-generated marketing messages and materials regarding in-studio classes, products and services. These communications may involve sending emails to your email address provided during registration, or posting communications on the PBOD Service, or in the "Your Purchases" page and may include notices about your account (e.g., payment authorizations, change in password or Payment Method, confirmation e-mails and other transactional information) and are part of your relationship with us and the PBOD Service. You agree that any notices, agreements, disclosures or other communications that we or our affiliates send to you electronically will satisfy any legal communication requirements, including that such communications be in writing and, with respect to marketing materials, that you be provided information on how to opt out from receiving such materials. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy.

Membership, Free Trials, Billing and Cancellation

Membership

Ongoing Membership. Your PBOD membership, which starts with a free 7-day trial, will continue month-to-month and automatically renew unless and until you cancel your membership or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, "Payment Method") to use the PBOD Service. We will bill the monthly membership fee to your Payment Method. You must cancel your membership in the manner described below before it renews each month in order to avoid billing of the next month's membership fees to your Payment Method.

Differing Memberships. We may offer a number of membership plans, including special promotional plans or memberships with differing conditions and limitations. Any materially different terms from those described in this Agreement will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your membership by clicking on the "Your Purchases" link. We reserve the right to modify, terminate or otherwise amend our offered membership plans.

Free Trials

If you qualify, your PBOD membership starts with a free trial. The free trial period of your membership lasts for 7 days starting with the day on which you complete the creation your PBOD account and, as a result, have access to the PBOD Service. Free trials are for new and certain former members only. We reserve the right, in our absolute discretion, to determine your free trial eligibility.

We will begin billing your Payment Method for monthly membership fees at the end of the free trial period of your membership, and your membership will automatically renew monthly unless you cancel prior to the end of the free trial period. To view the specific details of your membership, including monthly membership price and end date of your free trial period, visit our website and click the "Your Account" page. We may authorize your Payment Method through various methods, including authorizing it up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period.

CLICK THE "PURCHASES" LINK AT THE TOP OF ANY PBOD WEB PAGE (www.ondemand.purebarre.com) TO FIND CANCELLATION INSTRUCTIONS. We will continue to bill your Payment Method on a monthly basis for your membership fee until you cancel. If you cancel after the free trial period, cancellation will be effective at the end of the current period for which you have paid.

Billing

Recurring Billing. By starting your PBOD membership and providing or designating a Payment Method, you authorize us to charge you a monthly membership fee at the then current rate, and any other charges you may incur in connection with your use of the PBOD Service, such as taxes or possible transaction fees, to your Payment Method. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to promotional offers, including gift card redemption and promotional code redemption, and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges.

Price Changes. We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes applicable to your account will take effect on the next billing period following our email notice to you of the price change.

Billing Cycle. The membership fee for the PBOD Service will be billed at the beginning of the paying portion of your membership and each month thereafter unless and until you cancel your membership in the manner described below. We automatically bill your Payment Method each month on or about the calendar day corresponding to the commencement of your paying membership. Membership fees are fully earned upon payment. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled. In the event your paying membership began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your PBOD membership or became a paying member on January 31st, your next payment date is likely to be February 28th, and your Payment Method would be billed on that date. Your renewal date may change due to changes in your Membership. Visit our website and click on the "View billing details" link on the "Your Account" page to see the commencement date for your next renewal period. We may authorize your Payment Method in anticipation of membership or service-related charges. As used in these Terms of Use, "billing" shall indicate a charge, debit or other payment clearance, as applicable, against your Payment Method. Unless otherwise stated differently, month or monthly refers to your billing cycle.

No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.

Payment Methods. When you create your PBOD Service account, you will provide information and authorization regarding your Payment Method. You may edit your Payment Method information by visiting our website and clicking on the "Your Account" link, available at the top of the pages of the Pure Barre website. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, "Cancellation" below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.

Cancellation. You may cancel your PBOD Service membership at any time, and you will continue to have access to the PBOD Service through the end of your monthly billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS OR UNWATCHED PBOD CONTENT. To cancel, go to the "Purchases" page on our website and follow the instructions for cancellation. If you cancel your membership, your account will automatically close at the end of your current billing period.

PBOD Service

The PBOD Service and any PBOD Content viewed through our service are for your personal and non-commercial use only. During your PBOD membership, we grant you a limited, non-exclusive, non-transferable, license to access the PBOD Service and view PBOD Content through the PBOD Service. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You agree not to use the PBOD Service or any PBOD Content for any purpose other than your own personal use and that you will not use the PBOD Service or PBOD Content for any commercial use or public performances.

You may view PBOD Content through the PBOD Service primarily within the country in which you have established your account and only in geographic locations where we offer our service and have licensed such PBOD Content. The content that may be available to watch may vary by geographic location. We will use technologies to verify your geographic location.

We continually update the PBOD Service, including the PBOD Content library. In addition, we continually test various aspects of the service, including our website, user interfaces, service levels, plans, promotional features, availability of the PBOD Service and PBOD Content, delivery and pricing. We reserve the right to, and by continuing to use the PBOD Service, you agree that we may include you in or exclude you from these tests without notice. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we offer and operate the PBOD Service.

Some PBOD Content may be available for temporary download and offline viewing on certain supported devices (“Offline Titles”). Limitations apply, including, without limitation, restrictions on the number of Offline Titles per account, the maximum number of devices that can contain Offline Titles, the time period within which you will need to begin viewing Offline Titles and how long the Offline Titles will remain accessible. Some Offline Titles may not be playable in certain countries and if you go online in a country where you would not be able to stream that Offline Title, the Offline Title will not be playable while you are in that country.

You understand that physical exercise can be strenuous and can cause injury. Prior to using the PBOD Content or engaging in any strenuous exercise, we encourage you to consult with your physician. You assume all risks associated with your use of the PBOD Service or PBOD Content, including, without limitation, the risk of physical or mental injury caused by your participation in any exercise routine that is part of the PBOD Content.

You agree to use the PBOD Service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. Except as explicitly authorized in these Terms of Use, you agree not to archive, download (other than through caching necessary for personal use), reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use content and information contained on or obtained from or through the PBOD Service without express written permission from us and our licensors. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the PBOD Service; use any robot, spider, scraper or other automated means to access the PBOD Service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the PBOD Service; insert any code or product or manipulate the content of the PBOD Service in any way; or, use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the PBOD Service, including any software viruses or any other computer code, files or programs.

The availability of PBOD Content will change from time to time, and from country to country. The quality of the display of the PBOD Content may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. HD, Ultra HD and HDR availability is subject to your Internet service and device capabilities. Not all content is available in all formats, such as HD, Ultra HD or HDR and not all plans allow you to receive content in all formats. Default playback settings on cellular networks exclude HD, Ultra HD and HDR content. The minimum connection speed for SD quality is 0.5 Mbps; however, we recommend a faster connection for improved video quality. A download speed of at least 5.0 Mbps per stream is recommended to receive HD content (defined as a resolution of 720p or higher). A download speed of at least 25.0 Mbps per stream is recommended to receive Ultra HD (defined as a resolution of 1080p or higher) and HDR content. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. We make no representations or warranties about the quality of your watching experience on your display. The time it takes to begin watching PBOD Content will vary based on a number of factors, including your location, available bandwidth at the time, the PBOD Content you have selected and the configuration of your PBOD-Ready Device.

The PBOD Service is hosted and run on software developed by Intelivideo, Inc. (“Intelivideo”) and is designed to enable streaming and viewing of PBOD Content Barre through PBOD-Ready Devices. This software may vary by device and medium, and functionalities may also differ between devices. BY USING THE PBOD SERVICE, YOU AGREE TO RECEIVE, WITHOUT FURTHER NOTICE OR PROMPTING, UPDATED VERSIONS OF THE PBOD SERVICE AND RELATED THIRD-PARTY SOFTWARE. IF YOU DO NOT ACCEPT THE FOREGOING TERMS, DO NOT USE THE PBOD SERVICE. WE DO NOT TAKE RESPONSIBILITY OR OTHERWISE WARRANT THE PERFORMANCE OF THESE DEVICES, INCLUDING THE CONTINUING COMPATIBILITY OF THE DEVICE WITH THE PBOD SERVICE. By using the PBOD Service, you agree to look solely to the entity that manufactured and/or sold you the device for any issues related to the device and its compatibility with the PBOD Service. If your PBOD-Ready Device is sold, lost or stolen, please deactivate it immediately. If you fail to log out or deactivate your device, subsequent users may access the PBOD Service through your account and may be able to access certain of your account information. You will be responsible for the PBOD Content accessed, and any purchases made, by such users.

We may terminate or restrict your use of the PBOD Service, without compensation or notice if you are, or if we suspect that you are (i) in violation of any of these Terms of Use or (ii) engaged in illegal or improper use of the service.

Passwords & Account Access

You are responsible for your PBOD Service account (your “Account”). You control of your Account is exercised through use of your password. Therefore to maintain exclusive control, you should not reveal your the password to anyone. In addition, if you wish to prohibit others from contacting PBOD Customer Service and potentially altering your control, you should not reveal the Payment Method details (e.g., last four digits of your credit or debit card, or your email address if you use PayPal) associated with your Account. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your Account.

In order to provide you with ease of access to your Account and to help administer the PBOD Service, we implement technology that enables us to recognize you as the account owner and provide you with direct access to your Account without requiring you to retype any password or other user identification when you revisit the PBOD Service, which includes accessing via PBOD-Ready Devices or website.

You should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the PBOD website and not through a hyperlink in an email or any other electronic communication, even if it looks official. We reserve the right to place your Account on hold anytime with or without notification to you in order to protect ourselves and our partners from what we believe to be fraudulent activity. We are not obligated to credit or discount your membership for holds placed on your Account by either us or a representative of the automated processes of the PBOD Service.

Disclaimers of Warranties and Limitations on Liability

THE PBOD SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE PBOD SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE PBOD SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. WE SPECIFICALLY DISCLAIM LIABILITY FOR THE USE OF THE PBOD SERVICE AND APPLICATIONS, PBOD-READY DEVICES, AND OTHER SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH THE PBOD SERVICE).

TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL WE, , OR OUR AFFILIATES OR ANY OF OUR OR THEIR OWNERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

Gifts & Promotions. From time to time, promotional codes may be available, including those provided as part of a third party promotion. Promotional codes may be redeemed as described in the specifics of the promotion. Promotional codes can only be used once, cannot be redeemed for cash, and may be combined with other offers, including a free trial, subject to certain restrictions as we determine in our sole discretion. If you received a promotional code through an offer by a third party, additional conditions may apply.

Intellectual Property

We claim all intellectual property rights (including under state, federal and common law) to and benefits associated with the ownership of all PBOD Content, the trademark and service mark “Pure Barre on Demand,” and all trade secrets associated therewith.

Claims of Copyright Infringement. If you believe your work has been reproduced or distributed in a way that constitutes a copyright infringement or are aware of any infringing material available through the PBOD Service, please notify us by completing the following DMCA Notice of Alleged Infringement and delivering it to us as the Designated Copyright Agent. In accordance with the Digital Millennium Copyright Act of 1998, we will respond expeditiously to these allegations and take whatever action, in our sole discretion, we deem appropriate, including removal of the challenged material from the web site.

The DMCA Notice of Alleged Infringement shall:

1. Identify the copyrighted work that you claim has been infringed.
2. Identify the material you claim is infringing and that is to be removed or disabled and provide information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the web site where such material may be found.
3. Provide your mailing address, telephone number, and, if available, email address.
4. Include both of the following statements in the body of the notice:

  • “I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
  • “I hereby state that the information in this notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
  • 5. Provide your full legal name and your electronic or physical signature.

    Deliver this notice, with all items completed, to us, as the Designated Copyright Agent at:


    Pure Barre LLC
    3001 Brighton Blvd Suite 269
    Denver CO 80216

    Governing Law. Terms of Use shall be governed by and construed in accordance with the laws of the state of Colorado, U.S.A. without regard to conflict of laws provisions. These terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your state of residence.

    Applications. You may encounter third-party applications (including, without limitation, websites, widgets, software, or other software utilities) ("Application(s)") that interact with the PBOD Service. These Applications may import data related to your Account and activity and otherwise gather data from you. These Applications are provided solely as a convenience to you, and we are not responsible for such Applications. SUCH APPLICATIONS ARE OWNED OR OPERATED BY THIRD PARTIES THAT ARE NOT RELATED TO OR SPONSORED BY US AND MAY NOT BE AUTHORIZED FOR USE WITH THE PBOD SERVICE IN ALL COUNTRIES. USE OF AN APPLICATION IS AT YOUR OWN OPTION AND RISK.

    Use of Information Submitted. We are free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Feedback"), including responses to questionnaires or through postings to the PBOD Service, including the PBOD website and user interfaces, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the PBOD Service. In addition, you agree not to enforce any "moral rights" in and to the Feedback, to the extent permitted by applicable law.

    Customer Support. To find more information about our service and its features, or if you need assistance with your account, please click the “Support” link on the PBOD webpage. In the event of any conflict between these Terms of Use and information provided by Customer Support or other portions of our website, these Terms of Use will control.

    Special Provisions Regarding Intelivideo

    The PDOB Service uses the platform (the “Platform”) owned and provided by Intelivideo. The Platform allows us to make PBOD Content available to you and allows you to order and pay for the PBOD Content. The Platform also allows Intelivideo to collect and analyze data regarding how the PBOD Services are used by PBOD members. By using the PBOD Service, you authorize the collection of that data, and, to the maximum extent permissible under applicable laws, you release Intelivideo, its affiliates and their respective owners, officers, directors, employees, agents and assigns from any claims arising from your use of the PBOD Content or the PBOD Service.

    Arbitration Agreement

    If you are a PBOD member in the United States (including its possessions and territories), you and we agree that any dispute, claim or controversy arising out of or relating in any way to the PBOD Service, these Terms of Use (including these provisions regarding arbitration), shall be determined by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and we are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of your PBOD membership.

    If you elect to seek arbitration, you must first send to us, by certified mail, a written Notice of your claim ("Notice"). The Notice must be addressed to: us at 3001 Brighton Blvd., Suite 269, Denver, CO 80216, Attention: Legal Department ("Notice Address"). If we initiate arbitration, we will send a written Notice to the email address that is associated with your Account. A Notice, whether sent by you or by us, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If we and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or we may commence an arbitration proceeding.

    The arbitration will be governed by the Commercial Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless we and you agree otherwise, any arbitration hearings will take place in Denver, Colorado.

    If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions on which the award is based. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.

    YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

    Survival. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

    Last updated: July 10, 2017