TOS

Terms of Use

These Terms of Use (“Terms”) govern your use of the MyCurves On Demand service (“MCOD”) provided by Curves NA, Inc. (“Curves”). You automatically agree to these Terms and to our Privacy Policy simply by using MCOD.

PLEASE NOTE THAT SECTION 16 OF THESE TERMS CONTAINS AN ARBITRATION CLAUSE AND A CLASS ACTION WAIVER PROVISION. IT AFFECTS HOW DISPUTES BETWEEN YOU AND CURVES MAY BE RESOLVED.

1. Modifications and Termination

We reserve the right to modify MCOD 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 don’t like any changes, you can stop using MCOD at any time, subject to our cancellation policy described below.

2. Your Account

You will be required to create an account, specify a password, and agree to these Terms and our Privacy Policy in order to use the features of MCOD. To create an account, you must be at least 18 years old and you must provide truthful and accurate information. Don’t try to impersonate anyone else when you create your account. If your information changes at any time, please update your account to reflect those changes.

You may not share your account with anyone else. Please keep your password confidential, and try not to use it on other websites or services. You are responsible for any purchases made with your account. If you believe that your account has been compromised at any time, please reset your password in your MCOD account.

3. 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. Your first month’s payment includes charges for any products necessary to participate in MCOD. If you cancel after any payment, your membership will continue until the end of that month.

Annual Membership. If you are an annual member, you will be billed once for a 12-month membership, renewing annually 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 12-month period.

Other Membership. 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.

4. Payment

Payment Method. Memberships require Internet access and a current, valid, accepted method of payment on file with your MCOD 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 fourteen (14) days after your original payment due date..

Recurring Billing. Your Payment Method will be charged for the membership fee each month or year, 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. If you sign up on the last day of the month, you will be charged on the last day of each following month. Your membership fee may include applicable taxes or fees that will be included on your monthly bill.

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.

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

5. Cancellation

You may cancel your MCOD membership at any time. You must cancel your membership through your account using the following steps:

(1) Log in to your MCOD 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.

6. Content You Post

We may provide opportunities for you to post text, photographs, videos, or other content (collectively, “Content”) on MCOD or any MCOD 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 Curves, 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 MCOD.

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

7. Content Posted by Others

We are not responsible for, and do not endorse, Content posted by any other MCOD user on MCOD or the MCOD social media accounts. Accordingly, we may not be held liable, directly or indirectly, for any loss or damage caused to you in connection with any Content posted by another person.

8. Your Use of MCOD

Please do not use MCOD in a way that violates any laws, infringes anyone’s rights, is offensive, or interferes with MCOD or any features of MCOD (including any technological measures we employ to enforce these Terms or provide you with access to MCOD 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 MCOD, and take appropriate legal actions.

You understand that physical exercise can be strenuous and can cause injury. We encourage you to consult with your physician before using MCOD. You assume all risks associated with your use of MCOD, including, without limitation, the risk of physical or mental injury.

9. MCOD Content

MCOD and any content available on MCOD (“MCOD Content”) are for your personal, non-commercial use. During your MCOD membership, you have a limited, non-exclusive, non-transferable license to access MCOD and MCOD Content through MCOD. Other than this limited license, you have no right, title, or interest in MCOD. You agree not to use MCOD or MCOD Content for any commercial or public use or to duplicate or otherwise misuse MCOD content. You may not use MCOD Content unless you obtain our permission, or unless you are otherwise permitted by law.

MCOD and MCOD 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 MCOD will work on your device. MCOD is not responsible for internet connection/stability that could adversely affect the quality of your MCOD experience. Check with your internet provider if you experience any issues.

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

10. Curves Trademarks and Copyrights

All trademarks, logos, and service marks displayed on MCOD are registered and unregistered trademarks of Curves and/or third parties who have authorized their use (collectively the “Trademarks”). You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Trademarks in any way. All of the materials on MCOD are copyrighted, except where explicitly noted otherwise. We will enforce our intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution, if necessary.

11. Copyright Protection

Curves, 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. Curves accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.

 

If you believe any Content on MCOD infringes your copyrights, you may request that we remove the Content from MCOD (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 or e-mail.

By mail:

 

Curves NA, Inc.

Attn: MyCurvesOnDemand

400 Schroeder Dr.

Waco, TX 76710

 

By e-mail:

mycurvesondemand@curves.com

 

Once notification in accordance with the above is received by the Designated Agent, it is Curves policy to: (a) remove or disable access to the Content; (b) notify the provider of the Content or user of MCOD that it has removed or disabled access to such Content; and (c) terminate repeat infringers’ access to MCOD.

If you receive a notification of alleged copyright infringement, and believe that the claim is erroneous, you may submit a counter-notification to Curves Designated Agent within thirty (30) days of the date the Content was removed from MCOD. 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, Curves shall promptly provide the complaining party with a copy. The complaining party shall have within ten (10) business days to inform Curves that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity on MCOD. If Curves receives such notification within ten (10) business days, Curves shall not replace the removed Content or cease disabling access to it. If Curves 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 MCOD, then Curves 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, Curves may, in appropriate circumstances, at Curves’ sole discretion, terminate access to MCOD of any user that Curves finds to be a repeat infringer. Curves reserves the right to define the criteria by which Curves 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, Curves will adopt that definition as a minimum standard. Without limiting Curves’ right to define “repeat infringer,” as a general rule, Curves will define a “repeat infringer” as any person or entity about whom Curves has received three or more DMCA notifications of alleged infringement in accordance with the procedures outlined above. Curves 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 Curves’ Designated Agent and provide information sufficient for us to verify that the user has been determined to be in violation of the DMCA repeatedly.

12. Social Networks

MCOD 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 MCOD 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.

13. Our Warranties and Disclaimers

We provide MCOD using a commercially reasonable level of care, but there are certain things that we cannot guarantee.

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS, CURVES DOES NOT MAKE ANY SPECIFIC PROMISES ABOUT MCOD. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT ON MCOD, THE SPECIFIC FUNCTION OF MCOD, OR ITS RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE MCOD “AS IS.”

SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.

14. Liability for our Services

EXCEPT WHERE PROHIBITED, CURVES SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF MCOD OR ANY THIRD PARTY’S USE OF MCOD. THESE EXCLUSIONS INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, COMPUTER FAILURE, OR THE VIOLATION OF YOUR RIGHTS BY ANY THIRD PARTY, EVEN IF CURVES HAS BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED.

15. Disputes

You agree that any dispute or claim arising out of your use of MCOD, including any dispute or claim as to the application, enforceability, scope, or interpretation of this agreement to arbitrate, shall be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

Arbitration shall be administered by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”), pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014, and conducted by a single, neutral arbitrator. Arbitration shall take place by phone, unless an in-person hearing is requested by either party. In that case, the hearing shall take place in the county where you reside. To the extent this agreement to arbitrate conflicts with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness (the “Minimum Standards”), the Minimum Standards in that regard will apply.

Disputes may also be referred to another arbitration organization if you and Curves agree in writing, or to an arbitrator appointed pursuant to Section 5 of the Federal Arbitration Act.

To start an arbitration proceeding, you must execute and serve a Demand for Arbitration on Curves by mailing it to insert address pursuant to the JAMS instructions. Curves will bear the cost of your initial filing fee.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

16. Additional Details

We may modify these Terms at any time, so be sure to check back regularly. By continuing to use or log in to MCOD after these Terms have changed, you indicate your agreement to the revised Terms. If you do not agree to the changes, you should stop using or logging in to MCOD.

MCOD may contain links to third-party websites. That doesn’t mean that we control or endorse those websites, or any goods or services sold on those websites. Similarly, MCOD may contain ads from third-parties. We do not control or endorse any products being advertised. We are not liable for any harm caused by a third-party website or service.

When you use MCOD or send communications to us through MCOD or via e-mail, you are communicating with us electronically. Similarly, you consent to receive communications related to your use of MCOD from us electronically. You agree that all agreements, notices, disclosures, and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from Curves to you shall be deemed delivered and effective when sent to the e-mail address you provide to us.

We have the right to use any communications you send to us for any purpose, including responses to questionnaires or feedback about MCOD. If we use these communications in any way, we are not required to pay you or give you any credit for such use.

If you do not comply with these Terms, and we don’t take action right away, that does not constitute a waiver, and we are not giving up any rights that we may have (such as taking action in the future).

These Terms are governed by and construed in accordance with the laws of Texas, without regard to its conflict of laws rules. You expressly agree that the exclusive jurisdiction for any claim or dispute under these Terms and or your use of the Services resides in the courts located in Waco, Texas, and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action. If it turns out that a particular provision in these Terms is not enforceable, that will not affect any other provision.

Last updated: March 28, 2019