TERMS OF SERVICE

Last Modified: December 1, 2021

1. Definitions:

“9Round”, “We”, “Us”, “Our” means 9Round Franchising, LLC;

“Account” and “Account Page” means Your account as created on Our Website, as detailed in Section 11 of these Terms;

“Intelivideo, Inc” means the software used by 9Round to provide Our Services; 

“Member” means you; 

“Membership” means your membership to the On Demand Services; 

“Membership Fee” means the amount You pay to 9Round on a periodic basis in accordance with the terms of your Membership to access Our Services; 

“On Demand Services” means the online workout service provided by 9Round and accessed via Our Website;

“Party” means individually either 9Round or You, depending on the context;

“Parties” means collectively 9Round and You;

“Privacy Policy” is the policy found at https://www.9round.com/privacy;

“Services” means online trainer-guided workouts;

“Terms of Service” or “Terms” means these Terms of Service;

“You”, “Your”, “User”, “Subscriber” means you, as a user of the Services;

“Website” means https://9Round.com, https://ondemand.9round.com, or any other website used for the Services from time to time. 

1. Introduction.

These Terms govern Your use of the 9Round Website and On Demand Services provided by 9Round. By using the 9Round Website, You agree to be bound by these Terms as well as our Privacy Policy. Any new features of Our Website, including updates, upgrades, or new services, shall also be subject to these Terms. 

In addition, some Services offered through Our Website may be subject to additional terms and conditions that We publish from time to time. Your use of such Services is subject to those additional terms and conditions. We reserve the right to modify Our Website at any time, with or without notice to You. For example, We may add or remove functionality or features, and We may suspend or stop a particular feature altogether. If You do not like any changes, You can stop using Our Website at any time, subject to our cancellation policy described below.

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

1. Physician’s Permission Before Beginning Any Exercise Program.

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

1. Membership.

Monthly Membership: If You are a monthly Member, you will be billed on a month-to-month basis, renewing automatically unless You cancel Your Membership, as described below, or We terminate it. If You cancel after any payment, Your Membership will continue until the end of that month.

Term Membership: If You are a term Member, You will be billed for a term Membership, renewing at the end of your term period unless You cancel your Membership, as described below, or We terminate it. If You cancel after Your payment, Your Membership will continue until the end of the term. 

Other Memberships: We may offer other membership plans, such as promotional plans, that differ from the plan set out in these Terms. The materially different terms and details of those plans will be presented to You at the time You sign up for the plan. Details regarding Your Membership are available on Your Account Page.

1. Payment.

1. Memberships require Internet access and a current, valid, accepted method of payment on file with Your 9Round account (“Payment Method”) that will be billed automatically each month. 

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

1. Recurring Billing:

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

1. Price Changes: 

We reserve the right to change Our membership fee at any time. If We do make changes to the fee, We will provide You with notice, via e-mail to the address listed on Your Account, prior to charging You for the new fee amount.

1. No Refunds

Payments are non-refundable and there are no refunds or credits for partially used periods.

1. Cancellation.

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

(1) Log in to your Account;

(2) Click “My Account” at the top right corner;

(3) Click “Manage Subscriptions”; and

(4) Select “Cancel Subscription.”

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

1. Our Content; Proprietary Rights.

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

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

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

1. Copyright Protection. 

9Round, pursuant to 17 U.S.C. § 512, the Digital Millennium Copyright Act (the “DMCA”), has implemented the following procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the DMCA. 9Round accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.

If You believe any content on Our Website infringes Your copyrights, You may request that We remove the content from Our Website (or disable access to that content) by contacting Our designated agent identified below and providing the following information: 

• Identification of the copyrighted work that You believe to be infringed. Please describe the work and, where possible, include a copy or the location (e.g., URL) of an authorized version of the work;
• Identification of the material that You believe to be infringing and its location. Please describe the material and provide Us with its URL or any other pertinent information that will allow Us to locate the material;
• Your name, address, telephone number, and e-mail address; 
• A statement that You have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law; 
• A statement that the information that You have supplied is accurate, and indicating that “under penalty of perjury,” You are the copyright owner or are authorized to act on the copyright owner’s behalf;
• A signature or the electronic equivalent from the copyright holder or authorized representative. 

Send this information to us by mail:

9Round Franchising, LLC

Attn: General Counsel

847 NE Main Street

Simpsonville, SC 29681

E-mail: legal@9round.com

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

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

• Identification of the material that has been removed or disabled and its location. Please describe the material and provide Us with its URL or any other pertinent information that will allow Us to locate the material;
• Your name, address, telephone number, and e-mail address; 
• A statement “under penalty of perjury” that You have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material;
• A signature or the electronic equivalent of the person submitting the counter-notification. 

Upon receipt of a counter-notification in accordance with the above, 9Round shall promptly provide the complaining party with a copy. The complaining party shall have within ten (10) business days to inform 9Round that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity on Our Website. If 9Round receives such notification within ten (10) business days, 9Round shall not replace the removed content or cease disabling access to it. If 9Round does not receive such notification from the complaining party that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity on Our Website, then 9Round shall replace the removed content or cease disabling access to it within four (4) business days following the expiration of the ten (10) business day deadline.

In accordance with the DMCA and other applicable law, 9Round may, in appropriate circumstances, at Our sole discretion, terminate access to Our Website of any user that 9Roound finds to be a repeat infringer. 9Round reserves the right to define the criteria by which We will determine that a user is a “repeat infringer.” In the event that “repeat infringer” is defined by statute, law, or regulation as applicable to 17 USC § 512, 9Round will adopt that definition as a minimum standard. Without limiting 9Round’s right to define “repeat infringer,” as a general rule, 9Round will define a “repeat infringer” as any person or entity about whom 9Round has received three (3) or more DMCA notifications of alleged infringement in accordance with the procedures outlined above. 9Round will take into account all relevant facts and circumstances when determining whether or not termination of access and/or use privileges of a “repeat infringer” is appropriate.

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

1. Content You Post.

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

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

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

1. Third-Party Links.

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

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

1. Your Account.

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

1. Please do not use 9Round in a way that violates any laws, infringes anyone’s rights, is offensive, or interferes with 9Round or any features of 9Round (including any technological measures We employ to enforce these Terms or provide You with access to 9Round or its content). If We, in Our sole discretion, determine that You have acted inappropriately, We reserve the right to terminate Your account, prohibit You from using 9Round, and take appropriate legal actions.

1. 9Round Content.

1. 9Round and any content available on Our Website is for Your personal, non-commercial use. During Your Membership, You have a limited, non-exclusive, non-transferable license to access 9Round content through Our Website. Other than this limited license, You have no right, title, or interest in 9Round or Our Website. You agree not to use 9Round or Our Website content for any commercial or public use or to duplicate or otherwise misuse 9Round content. You may not use 9Round content unless You obtain Our permission, or unless You are otherwise permitted by law.

1. 9Round content may be available in different forms in different countries and features may not work with all Internet settings or on all devices. You are responsible for confirming that Our Website will work on your device. 9Round is not responsible for internet connection/stability that could adversely affect the quality of your 9Round experience. Check with Your internet provider if you experience any issues.

1. 9Round is hosted and run on Intelivideo, Inc. software to enable streaming and viewing of 9Round content through specific supported devices. For a list of supported devices click here and here. By using Our Website, you agree to automatically receive updated versions of 9Round and third-party software. If You do not accept these terms, please do not use Our Website.

1. Eligibility; Age Restriction.

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

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

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

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

1. Payment Processing; Order Fulfillment.

1. Our website is hosted by Intelivideo, which also assists in the processing of Our orders. When You input Your credit card information as payment for an order, Intelivideo directly and securely transmits that information to its third-party payment processor, who verifies the credit card and remits the payment to Us. Neither We, nor Intelivideo, ever store Your credit card image or number. Sales and use taxes, as applicable by law, will be based on Your location and Our location and, purchase prices are inclusive of taxes. 

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

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

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

1. Acceptable Use.

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

1. Unacceptable Use.

You shall not:

1. modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of Our Website;

2. remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of Our Website or any content;

3. “frame” or “mirror” any portion of Our Website, or link to any material other than via the homepage of the URL located at https://www.9round.com/ or the URLs provided by Us to You for such purposes, without Our prior written authorization;

4.use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of Our Website; or

5.harvest or collect information about or from users of Our Website without their express consent and, if such consent is provided, only pursuant to applicable law.

6. use Our Website for any commercial or business-related use or in any commercial establishment or area open to the public (e.g., lobby, hotel, theater, stadium, gym, or any type of fitness facility, etc.) or build a business utilizing Our Services or Website and content. 

1. Warranties/Limitation of Liability.

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

1. Indemnification. 

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

1. Termination.

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

1. Governing Law; Jurisdiction; Class Action Waiver.

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

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

1. Miscellaneous.

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

If any provision of these Terms is determined by a court of competent jurisdiction to be illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect. No waiver of any breach of any provision of these Terms shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving Party.

1. Modifications.

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

1. Contact Us.

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

9Round Franchising, LLC

847 NE Main Street

Simpsonville, SC 29681

Email: techsupport@9round.com