PLEASE READ THIS LEGAL DOCUMENT CAREFULLY. Myx Fitness, LLC together with our affiliates, “Myx Fitness”, “we”, or “us”) provides an online fitness community and related products, services, content and features through the Myx Fitness website located at http://www.myxfitness.com, including subdomains, such as those for our studio, support and boutique pages (the “Myx Fitness Site”), the interface on the Myx Fitness bike tablet, Myx Fitness’s fitness studios, and through mobile and desktop or device applications (including iOS and Android applications) and Myx Fitness-controlled social media pages (including on Facebook, Instagram, Spotify and Twitter) (collectively, the “Myx Fitness Service”). By registering as a member or by visiting, browsing, or using the Myx Fitness Service in any way, you (as a “user”) accept these Terms of Service (“Agreement”), which forms a binding agreement between you and Myx Fitness.
PLEASE READ: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER (SECTION 21). READ CAREFULLY, INCLUDING YOUR RIGHT, IF APPLICABLE, TO OPT OUT OF ARBITRATION. EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN SECTION 21 BELOW, BY ENTERING INTO THIS AGREEMENT YOU EXPRESSLY AGREE THAT DISPUTES BETWEEN YOU AND MYX FITNESS WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU HEREBY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
If you do not wish to be bound by this Agreement, you may not access or use the Myx Fitness Service. Certain elements of the Myx Fitness Service may be subject to additional terms and conditions specified from time to time; your use of those elements of the Myx Fitness Service is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.
1. Who May Use the Myx Fitness Service
Age Requirement. You must be at least 18 years old to register with and use the Myx Fitness Service. Minors age 13-17 that can safely fit the dimensions of the Myx Fitness Bike may participate in live in-studio classes, provided that (a) they and their parent/guardian have signed a Myx Fitness waiver and release; and (b) their parent/guardian is on site at all times.
We may, in our sole discretion, refuse to offer the Myx Fitness Service to any person or entity and change the eligibility criteria at any time. You are solely responsible for ensuring that this Agreement is in compliance with all laws, rules and regulations applicable to you, and the right to access and use the Myx Fitness Service is revoked where this Agreement or use of the Myx Fitness Service is prohibited or conflicts with any applicable law, rule or regulation. Further, the Myx Fitness Service is offered only for your personal use, and not for the use or benefit of any third party.
2. License to Use the Myx Fitness Service
License. Subject to your compliance with this Agreement, Myx Fitness grants you a limited, non-transferable, non-exclusive, revocable license to access and use the Myx Fitness Service for your own personal, non-commercial purposes. This license includes the right to view content available on the Myx Fitness Service. This license is personal to you and may not be assigned or sublicensed to anyone else.
Restrictions. Except as expressly permitted in writing by an authorized representative of Myx Fitness, you will not reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the Myx Fitness Service, nor will you take any measures to interfere with or damage the Myx Fitness Service. All rights not expressly granted by Myx Fitness in this Agreement are reserved.
What information we may collect about you;
What we use that information for; and
With whom we share that information.
4. Membership Requirements Registration
To enjoy full access to the Myx Fitness Service, you must register as a member of the Myx Fitness Service and enter into a subscription agreement for access to our live and on-demand classes, content and features (a “Subscription”). Your Subscription is governed by the Subscription Terms and Conditions. You must provide complete and accurate registration information to Myx Fitness, complete the Subscription process, and notify us if any of your information changes.
In-Studio Membership. Membership to our in-studio live classes is subject to additional fees that are separate from the Subscription fees for Myx Fitness’s online content.
Profile Information and Picture. You may not use someone else's name, or any name, location or other public profile Information that violates any third-party rights or that is offensive, obscene or otherwise objectionable (in Myx Fitness’s sole discretion). Similarly, you may not use any image that violates any third-party rights or that is offensive, obscene or otherwise objectionable (in Myx Fitness’s sole discretion).
Account Security. You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You may not allow others to use your account. You must safeguard the confidentiality of your password, and if you are using a device that others have access to, log out of your account after using the Myx Fitness Service. If you become aware of an unauthorized access to your account, change your password and notify us immediately at firstname.lastname@example.org
5. Membership Structure and Fees
Myx Fitness will provide information on its then-current in-studio membership and Subscription requirements on the Myx Fitness Site and/or by other means through the Myx Fitness Service. Features and prices are subject to change.
6. Sale of Products
Myx Fitness accepts orders for the Myx Fitness bike and any other equipment, apparel or accessories that we may offer through the Myx Fitness Site or at Myx Fitness retail showrooms. Unfortunately, availability of products cannot be guaranteed. Unless otherwise specified at the time of purchase, you must pay for products when you place the order. All products ordered will be delivered to the U.S. shipping address you provide. We reserve the right to cancel an order placed by you at any time and for any lawful reason prior to our delivery of the product(s) and receipt of payment in full from you, provided that we will refund any fees that you prepaid for those products. We may send an acknowledgment of receipt of your order to the email address you provide and/or proof of purchase information through the Myx Fitness Site or to your email address after your payment has been processed. Please see our Warranty and Return Policy for further information about the Myx Fitness bike.
7. Term and Termination; Account Deletion
Term. This Agreement begins on the date you first use the Myx Fitness Service and continues as long as you have an account with us and/or continue to use the Myx Fitness Service.
Termination for Breach. Myx Fitness may, in Myx Fitness’s sole discretion, suspend, disable, or delete your account (or any part thereof) or block or remove any User Content (defined below) that you submitted if Myx Fitness determines that you have violated this Agreement or that your conduct or content would tend to damage Myx Fitness’s reputation and goodwill. If Myx Fitness deletes your account for these reasons, you may not re-register for or use the Myx Fitness Service under any other user name or profile. Myx Fitness may block your access to the Myx Fitness Service to prevent re-registration.
Effect of Termination / Account Deletion. Upon termination of this Agreement all licenses granted by Myx Fitness will terminate. The following sections survive termination: Submissions, Indemnification, Limitation of Liability, Professional Advice Disclaimer, Medical Disclaimer, Intellectual Property and all General Provisions. In the event of account deletion for any reason, User Content may no longer be available and Myx Fitness is not responsible for the deletion or loss of such User Content. For clarity, if you cancel your Subscription or it is terminated for any reason, you will lose access to all live and on-demand classes and any other content or features provided through the Myx Fitness Service. Myx Fitness, in its sole discretion, may make available a very limited amount of content or features to non-subscribers from time to time.
Any video, image, graphics, photos, text, audio recording, content, materials, information or other works (for simplicity, “content”) that is submitted to the Myx Fitness Service by or on behalf of users (“User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content submitted by or on behalf of you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all content, including User Content, accessed by you using the Myx Fitness Service is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We make no representations, warranties or guarantees with respect to any content that you access on or through the Myx Fitness Service.
As between you and Myx Fitness, you own all User Content that you submit to the Myx Fitness Service. You grant Myx Fitness a worldwide, perpetual, irrevocable, non-exclusive, sublicensable (through multiple tiers), transferable royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or later created), edit, modify, and make derivative works from your User Content for any purpose whatsoever, commercial or otherwise, without compensation to you. In addition, you waive any so-called “moral rights” or rights of privacy or publicity in your User Content. You further grant all users of the Myx Fitness Service permission to view your User Content for their personal, non-commercial purposes. If you make suggestions to Myx Fitness or through the Myx Fitness Service about improving or adding new features or products to the Myx Fitness Service or you otherwise provide feedback or testimonials, Myx Fitness a worldwide, perpetual, irrevocable, non-exclusive, sublicensable (through multiple tiers), transferable royalty-free license and right to use your suggestions, feedback and testimonials without any compensation or other obligation to you.
9. Content Restrictions
You may not upload, post, submit, distribute or transmit (collectively, “submit”) to any portion of the Myx Fitness Service any User Content that:
Infringes any third party's copyrights or other rights (e.g., trademark, privacy rights, etc.);
Contains sexually explicit content or pornography (provided, however, that non-sexual nudity is permitted);
Contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group;
Depicts unlawful acts or extreme violence;
Depicts animal cruelty or extreme violence towards animals;
Promotes fraudulent schemes, multi-level marketing (MLM) schemes, get rich quick schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-making ventures;
Download and/or install any third-party software and/or application on any Myx Fitness hardware that is not expressly permitted by Myx Fitness in writing; and/or
Violates any law.
10. Code of Conduct
In using the Myx Fitness Service, you must behave in a civil and respectful manner at all times. Further, you will not:
Act in a deceptive manner by, among other things, impersonating any person;
Harass or stalk any other person;
Harm or exploit minors;
Collect information about others;
Advertise or solicit others to purchase any product or service;
Engage in any conduct that is offensive or illegal; or
Violate any other community rules or codes of conduct that Myx Fitness may impose.
Myx Fitness has the right, but not the obligation, to monitor all conduct on and content submitted to the Myx Fitness Service. Myx Fitness reserves the right to alter, edit, remove, or refuse to post any content, software and/or applications, in whole or in part, in Myx Fitness’s sole discretion or to satisfy or comply with applicable laws, regulations, legal processes and/or maintain the integrity and reputation of the Myx Fitness Service and Myx Fitness’s systems.
In addition, when visiting or taking classes at our studio, please be advised that Myx Fitness is not responsible for any lost or stolen items and that visitors, guests and members are required to adhere to then-current policies in place at that studio.
11. Member Interactions, Dealings with Third Parties
When interacting with other Myx Fitness members, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other people you don’t know. Your participation, correspondence or personal or business dealings with any third party found on or through the Myx Fitness Service, whether regarding payment or delivery of specific goods and services, donations or fundraisers, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that Myx Fitness is not responsible or liable for any loss, damage, injury, or other matters of any sort incurred as the result of such dealings.
12. Your Representations and Warranties
For each piece of User Content that you submit, you represent and warrant that: (i) you have the right to submit the User Content to Myx Fitness and grant the licenses set out above; (ii) Myx Fitness will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the User Content does not infringe any third party's rights, including intellectual property rights and privacy rights; and (iv) the User Content complies with this Agreement and all applicable laws.
You agree to indemnify, defend, and hold harmless Myx Fitness and its directors, officers, employees, and agents, from and against all claims, damages, losses and costs that arise from or relate to (i) your activities on the Myx Fitness Service, (ii) any User Content submitted by or on behalf of you or (iii) your violation of this Agreement.
14. Third Party Software and applications
Downloading and/or installing any third-party software and/or applications that are not expressly authorized by Myx Fitness on any Myx Fitness hardware is strictly forbidden; any such downloading or installation is done at your own risk and may void any applicable warranty or support commitments by Myx Fitness.
15. Third Party Links and Content
There may be links on the Myx Fitness Service that let you leave the particular Myx Fitness Service you are accessing in order to access a linked site that is operated by a third party. Myx Fitness neither controls nor endorses these sites, nor has Myx Fitness reviewed or approved the content that appears on them. Myx Fitness is not responsible for the legality, accuracy or inappropriate nature of any content, advertising, products or other materials on or available from any such third-party sites. You acknowledge and agree that Myx Fitness is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the access or use of any of the links, content, goods or services available on or through these third-party sites.
Myx Fitness reserves the right to modify the Myx Fitness Service, including, but not limited to updating, adding to, enhancing, modifying, removing or altering any content or features of the Myx Fitness Service, at any time, in its sole discretion. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the Myx Fitness Service. Myx Fitness has no obligation to screen or monitor any content and does not guarantee that any content available on the Myx Fitness Service is suitable for all users or that it will continue to be available for any length of time.
Myx Fitness provides the Myx Fitness Service on an “AS IS” and “AS AVAILABLE” basis. You therefore use the Myx Fitness Service at your own risk. Other than as expressly provided in writing by Myx Fitness in connection with your purchase of a Myx Fitness product (for example, the Myx Fitness Bike), Myx Fitness expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, Myx Fitness makes no representations or warranties:
That the Myx Fitness Service is or will be permitted in your jurisdiction;
That the Myx Fitness Service will be uninterrupted or error-free;
Concerning any content, including User Content;
Concerning any third party’s use of User Content that you submit;
That the Myx Fitness Service will meet your personal or professional needs;
That Myx Fitness will continue to support any particular feature of the Myx Fitness Service.
Concerning sites and resources outside of the Myx Fitness Service, even if linked to from the Myx Fitness Service.
To the extent that another party may have access to or view content on your device, you are solely responsible for informing such party of all disclaimers and warnings in this Agreement. TO THE EXTENT ANY DISCLAIMER OR LIMITATION OF LIABILITY DOES NOT APPLY, ALL APPLICABLE EXPRESS, IMPLIED, AND STATUTORY WARRANTIES WILL BE LIMITED IN DURATION TO A PERIOD OF 30 DAYS AFTER THE DATE ON WHICH YOU FIRST USED THE MYX FITNESS SERVICE, AND NO WARRANTIES SHALL APPLY AFTER SUCH PERIOD.
17. Limitation of Liability
To the fullest extent permitted by law: (i) Myx Fitness shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses; and (ii) Myx Fitness's total liability to you for all claims, in the aggregate, will not exceed the amount actually paid by you to Myx Fitness over the 12 months preceding the date your first claim(s) arose.
18. Professional Advice Disclaimer / Medical Disclaimer
Professional Advice Disclaimer.
THE MYX FITNESS SERVICE OFFERS HEALTH AND FITNESS INFORMATION AND IS DESIGNED FOR EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY. YOU SHOULD CONSULT YOUR PHYSICIAN BEFORE BEGINNING A NEW FITNESS PROGRAM. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTHCARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE MYX FITNESS SITE OR HEARD ON THE MYX FITNESS SERVICE. THE USE OF INFORMATION PROVIDED THROUGH THE MYX FITNESS SERVICE IS SOLELY AT YOUR OWN RISK.
NOTHING STATED OR POSTED ON THE MYX FITNESS SITE OR AVAILABLE THROUGH ANY MYX FITNESS SERVICE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. THE MYX FITNESS SERVICE IS CONTINUALLY UNDER DEVELOPMENT AND MYX FITNESS MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT THE HEALTH, FITNESS AND NUTRITIONAL ADVICE THAT APPEARS HERE. NO ASSURANCE CAN BE GIVEN THAT THE ADVICE CONTAINED IN THE MYX FITNESS SERVICE WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.
In becoming a user of Myx Fitness with the intent of using the Myx Fitness Service, you affirm that either (A) all of the following statements are true: (i) no physician has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician; (ii) you have never felt chest pain when engaging in physical activity; (iii) you have not experienced chest pain when not engaged in physical activity at any time within the past month; (iv) you have never lost your balance because of dizziness and you have never lost consciousness; (v) you do not have a bone or joint problem that could be made worse by a change in your physical activity; (vi) your physician is not currently prescribing drugs for your blood pressure or heart condition; (vii) you do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems; and (viii) you do not know of any other reason you should not exercise; or (B) your physician has specifically approved of your use of the Myx Fitness Service.
If applicable, you further affirm that (a) you are not pregnant, breastfeeding or lactating; or (b) your physician has specifically approved your use of the Myx Fitness Service.
Myx Fitness reserves the right to refuse or cancel your membership if we determine that you have certain medical conditions or that the representations set forth above are untrue in any respect.
19. Intellectual Property
You acknowledge that the Myx Fitness Service contains software and other content that is protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Myx Fitness-generated content, and content provided to Myx Fitness by its partners and licensors, is copyrighted individually and/or as a collective work under the U.S. copyright laws; further, as between you and Myx Fitness, Myx Fitness owns a copyright in the selection, coordination, arrangement and enhancement of all content in the Myx Fitness Service. Subject to your compliance with this Agreement, and solely for so long as you are permitted by us to access and use the Myx Fitness Service, you may download one copy of the application to any single device for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices, and are in compliance with this Agreement. Subject to your compliance with this Agreement, and solely for so long as you are permitted by us to access and use the Myx Fitness Service, Myx Fitness hereby grants you a limited, revocable, non-exclusive, non-transferable right and license to access and use the content made available on the Myx Fitness Service for your personal, non-commercial use of the Myx Fitness Service and for no other purpose whatsoever. Unless otherwise specified, copying or modifying any content or using content for any purpose other than your personal, non-commercial use of the Myx Fitness Service, including use of any such content on any other website or networked computer environment, is strictly prohibited.
The Myx Fitness name, logos and affiliated properties, designs and marks are the exclusive property of Myx Fitness, LLC. and/or its affiliates, whether registered or unregistered, and may not be used in connection with any product or service that is not ours, or in any manner that is likely to cause confusion as to our endorsement, affiliation or sponsorship of any person, product or service. Nothing contained on the Myx Fitness Service should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or other intellectual property without our express prior written consent.
Any other trademarks appearing on the Myx Fitness Service are trademarks of their respective owners. Our partners or service providers may also have additional proprietary rights in the content that they make available through the Myx Fitness Service. All rights not expressly granted in this Agreement are reserved.
20. Copyright / DMCA Policy
Myx Fitness respects the intellectual property of others, and we ask our users to do the same. Each user is responsible for ensuring that their User Content does not infringe any third-party copyright or other intellectual property rights.
Myx Fitness will promptly remove materials from the Myx Fitness Site in accordance with the Digital Millennium Copyright Act (“DMCA”) if properly notified that the materials infringe a third party's copyright. In addition, Myx Fitness may, when appropriate, terminate the accounts of repeat copyright infringers.
Filing a DMCA Notice to Remove Copyrighted Content - for Copyright Holders
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice containing the following information:
1. Your name, address, telephone number, and email address.
2. A description of the copyrighted work that you claim has been infringed.
3. A description of where on the Myx Fitness Site the material that you claim is infringing may be found, sufficient for Myx Fitness to locate the material (e.g., the URL).
4. A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law.
5. A statement by you UNDER PENALTY OF PERJURY that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
6. Your electronic or physical signature.
You may submit this information, or any counter notice, via:
Email, with the subject line “DMCA Notices” to: email@example.com
Myx Fitness, LLC 19 West Elm St Greenwich, CT 06830
Attn: Copyright Agent
Myx Fitness may disclose any communications concerning DMCA notices or other intellectual property complaints with third parties, including the users who have posted the allegedly infringing material.
If you have questions about the legal requirements of a DMCA notice, please contact an attorney or see Section 512(c)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(c)(3), for more information. If you have questions about the legal requirements of a DMCA counter-notification, please contact an attorney or see Section 512(g)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(g)(3), for more information.
21. Arbitration Clause & Class Action Waiver – Important – Please Review as this Affects Your Legal Rights
Arbitration. YOU AND WE AGREE THAT ALL DISPUTES BETWEEN YOU AND US OR OUR OFFICERS, DIRECTORS OR EMPLOYEES IN THEIR CAPACITY AS SUCH (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THIS AGREEMENT, YOUR USE OF THE MYX FITNESS SERVICE, AND/OR RIGHTS OF PRIVACY OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE JAMS, INC. (“JAMS”) RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES IN EFFECT AT THE TIME OF DISPUTE, AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY; PROVIDED, HOWEVER, THAT EITHER PARTY MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE EQUITABLE RELIEF IN ANY U.S. COURT HAVING JURISDICTION TO PROTECT AGAINST AN INFRINGEMENT OR MISAPPROPRIATION OF THAT PARTY’S INTELLECTUAL PROPERTY RIGHTS. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.
Small Claims Court. As an alternative, you or we may bring a claim in your local “small claims” court, if permitted by that small claims court’s rules and within such court’s jurisdiction, unless the action is transferred, removed or appealed to a different court. You may bring such claims only on your own behalf.
Class Action Waiver. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US, INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding. This dispute resolution provision is governed by the Federal Arbitration Act and not by any state law concerning arbitration. If JAMS is unwilling or unable to set a hearing date within 160 days of filing, then either we or you can elect to have the arbitration administered instead by the American Arbitration Association. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with this Agreement.
Time Limitation. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with your relationship with us, including the use of the Myx Fitness Service or this Agreement, must be filed within one year after such claim or cause of action arose or be forever banned.
Opt-Out. If you do not wish to be bound by the arbitration and class action waiver provisions in this Section 21, you must notify us in writing within 30 days of the date that you first use the Myx Fitness Service or 30 days from the date this Section 21 was last updated (unless a longer period is required by applicable law). Your written notification must include your name and mailing address, your username and the email address you used to set up your Myx Fitness account (if you have one), and a statement that you do not wish to resolve disputes with us through arbitration and demonstrating compliance with the 30-day time limit to opt out. You must mail your opt-out notice to this address: Myx Fitness, LLC Attn: Dispute Resolution Opt-out, 19 West Elm St, Greenwich CT 06830. If you do not notify us in accordance with this Section 21, you agree to be bound by the arbitration and class-action waiver provisions set out above, including any revisions we make to this Agreement after the date of your acceptance. If we make any changes to this Section (other than a change to the address at which we will receive notices), you may reject the change by sending us written notice to the above address within 30 days of the effective date of the change. Any opt-out notice affects this Agreement only; if you previously entered into other arbitration agreements or class action waivers with us or enter into other such agreements in the future, your notification that you are opting out of the dispute resolution provision in this Agreement will not affect the other agreements between you and us.
Fees. Your arbitration fees will be limited to those fees set forth in the JAMS Rules for Arbitration of Consumer-Related Disputes with the remainder paid by Myx Fitness.
Survival. This Section 21 will survive the termination of your relationship with us. If any of the prohibitions against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable under applicable law, then such provisions will be null and void and severed from this Agreement.
22. Governing Law
This Agreement shall be governed by the laws of the State of New York, United States of America, without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply. Subject to the foregoing agreements in Section 21, any other action arising out of or relating to this Agreement or your use of the Myx Fitness Service must be commenced in the state or federal courts located in New York, New York, United States of America, and you consent to the jurisdiction of those courts.
23. Interpretation; Severability; Waiver; Remedies
Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by Myx Fitness in exercising any right hereunder will waive any further exercise of that right. Myx Fitness's rights and remedies hereunder are cumulative and not exclusive.
24. Successors; Assignment; No Third-Party Beneficiaries
This Agreement is binding upon and will inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign or transfer this Agreement without Myx Fitness’s prior written consent. No third party has any rights hereunder. Myx Fitness may assign its rights, obligations and/or this Agreement at any time in its sole discretion without notice to you.
You consent to receive all communications including notices, agreements, disclosures, or other information from Myx Fitness electronically. Myx Fitness may communicate by email or by posting to the Myx Fitness Service. For support-related inquiries, you may email firstname.lastname@example.org. For all other notices to Myx Fitness, write to the following address:
Myx Fitness, LLC
19 West Elm St
Greenwich, CT 06830
Attn: Legal Department
Nothing in this Agreement or otherwise limits Myx Fitness’s right to object to subpoenas, claims, or other demands.
This Agreement may be modified at any time by Myx Fitness. Any such modification will be communicated to you by, at a minimum, revising the “Last Updated” date at the top of this page. Subject to Section 21, unless otherwise specified by us, modifications will be effective as of the date they are posted to the Myx Fitness Service.