Terms and Conditions
Last Updated: February 13th, 2019
Terms of Service
PLEASE READ THIS LEGAL DOCUMENT CAREFULLY. Eternity Warrior Method Inc. (dba ETERNITY WARRIOR) (together with our affiliates, “ETERNITY WARRIOR”, “we”, or “us”) provides an online fitness community and related products, services, content and features through the ETERNITY WARRIOR website located at https://eternitywarrior.com including subdomains (collectively, the “Site”), the interface on the interactive-enabled ETERNITY WARRIOR through which our services are accessed (the “Device”) and through mobile and desktop applications (including iOS and Android applications) and ETERNITY WARRIOR-controlled social media pages (including on Facebook, Instagram, Pinterest, Quora, Reddit, and Twitter) (collectively, the “ETERNITY WARRIOR Service”). By registering as a member or by visiting, browsing, or using the ETERNITY WARRIOR Service in any way, you (as a “user”) accept these Terms of Service (the “Agreement”), which forms a binding agreement between you and ETERNITY WARRIOR.
THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER (SECTION 21). PLEASE READ THIS 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 ETERNITY WARRIOR 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 ETERNITY WARRIOR Service. Certain elements of the ETERNITY WARRIOR Service may be subject to additional terms and conditions specified from time to time; your use of those elements of the ETERNITY WARRIOR Service is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.
1. Who May Use the ETERNITY WARRIOR Service
You must be at least 18 years old to register with and use the ETERNITY WARRIOR Service. We may, in our sole discretion, refuse to offer the ETERNITY WARRIOR Service to any person or entity and change the eligibility criteria at any time. You are solely responsible for ensuring that you comply with all applicable laws, rules and regulations related to this Agreement, and the right to access and use the ETERNITY WARRIOR Service is revoked where this Agreement or use of the ETERNITY WARRIOR Service is prohibited or conflicts with any applicable law, rule or regulation.
2. License to Use the ETERNITY WARRIOR Service
License. Subject to your compliance with this Agreement, ETERNITY WARRIOR grants you a limited, non-transferable, non-exclusive, revocable license to access and use the ETERNITY WARRIOR Service for your own personal, non-commercial use and for no other purpose whatsoever. This license includes the right to view content available on the ETERNITY WARRIOR 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 ETERNITY WARRIOR, you will not use the ETERNITY WARRIOR Service except as expressly authorized under this Agreement, and you will not reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the ETERNITY WARRIOR Service, nor will you take any measures to interfere with or damage the ETERNITY WARRIOR Service, nor will you use the ETERNITY WARRIOR Service (or any component thereof) to create any product or technology that competes with the ETERNITY WARRIOR Service (or any component thereof).
• 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 ETERNITY WARRIOR Service, you must register as a member of the ETERNITY WARRIOR Service and enter into a subscription agreement for access to our live and on-demand classes, content and features (a “Subscription”). You must provide complete and accurate registration information to ETERNITY WARRIOR when signing up for a Subscription, complete the Subscription process, and notify us if any of your information changes.
Profile Information and Picture. You may not use someone else's name, or any name, location or other public profile information (including your picture) that violates any third party rights or that is offensive, obscene or otherwise objectionable (in ETERNITY WARRIOR’s sole discretion).
Account Security. You are responsible for all activity that occurs under your account, including any activity by unauthorized users. 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 ETERNITY WARRIOR 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
ETERNITY WARRIOR will provide information on our then-current Subscription requirements on the ETERNITY WARRIOR Site and/or by other means through the ETERNITY WARRIOR Service. Features and prices are subject to change.
6. Sale and Delivery of Products
ETERNITY WARRIOR accepts orders for the ETERNITY WARRIOR equipment, including the Resistance System, heart rate monitor, Wall Rack or accessories that we may offer through the ETERNITY WARRIOR Site. 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 may 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 and/or proof of purchase information through the ETERNITY WARRIOR Site or to your email address after your payment has been processed. Please see our Warranty and Return Policy for further information about the ETERNITY WARRIOR products.
7. Term and Termination; Account Deletion
Term. This Agreement begins on the date your Device is delivered and continues as long as you have an account with us and/or continue to use the ETERNITY WARRIOR Service.
Termination for Breach. ETERNITY WARRIOR may, in ETERNITY WARRIOR’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 ETERNITY WARRIOR determines that you have violated this Agreement or that your conduct or User Content would tend to damage ETERNITY WARRIOR’s reputation and goodwill. If ETERNITY WARRIOR deletes your account for these reasons, you may not re-register for or use the ETERNITY WARRIOR Service under any other user name or profile. ETERNITY WARRIOR may block your access to the ETERNITY WARRIOR Service to prevent re-registration.
Effect of Termination / Account Deletion. Upon termination of this Agreement all licenses granted by ETERNITY WARRIOR will terminate. The following sections survive termination: Submissions, Indemnification, Limitation of Liability, Professional Advice Disclaimer, Medical Disclaimer, Intellectual Property and all General Provisions. If your account is deleted for any reason, User Content may no longer be available and ETERNITY WARRIOR 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, one-on-one personal training, and any other content or features provided through the ETERNITY WARRIOR Service. ETERNITY WARRIOR, in our 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 that is submitted to the ETERNITY WARRIOR 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 ETERNITY WARRIOR 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 ETERNITY WARRIOR Service.
As between you and ETERNITY WARRIOR, you own all User Content that you submit to the ETERNITY WARRIOR Service. You grant ETERNITY WARRIOR 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 ETERNITY WARRIOR Service permission to view your User Content for their personal, non-commercial purposes. If you make suggestions to ETERNITY WARRIOR or through the ETERNITY WARRIOR Service about improving or adding new features or products to the ETERNITY WARRIOR Service or you otherwise provide feedback or testimonials, ETERNITY WARRIOR 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 ETERNITY WARRIOR 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;
• Contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group;
• Exploits minors;
• 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; or
• Violates any law.
10. Code of Conduct
In using the ETERNITY WARRIOR Service, you must behave in a civil and respectful manner at all times. In addition to the restrictions in Sections 9 and 2, 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;
• Distribute "spam";
• 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 ETERNITY WARRIOR may impose.
ETERNITY WARRIOR has the right, but not the obligation, to monitor all conduct on and content submitted to the ETERNITY WARRIOR Service. ETERNITY WARRIOR may alter, edit, remove, or refuse to post any content, software and/or applications, in whole or in part, in ETERNITY WARRIOR’s sole discretion or to satisfy or comply with applicable laws, regulations, legal processes and/or maintain the integrity and reputation of the ETERNITY WARRIOR Service and ETERNITY WARRIOR’s systems.
11. Subscriber Interactions, Dealings with Third Parties
When interacting with other ETERNITY WARRIOR Subscribers, 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 ETERNITY WARRIOR Service are solely between you and such third party. You agree that ETERNITY WARRIOR 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 ETERNITY WARRIOR and grant the licenses set out above; (ii) ETERNITY WARRIOR 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 ETERNITY WARRIOR and our 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 ETERNITY WARRIOR Service, (ii) any User Content submitted by or on behalf of you or (iii) your violation of this Agreement.
15. Third Party Links and Content
There may be links on the ETERNITY WARRIOR Service that let you leave the service to access a site that is operated by a third party. ETERNITY WARRIOR neither controls nor endorses these sites, nor has ETERNITY WARRIOR reviewed or approved the content that appears on them. You acknowledge that ETERNITY WARRIOR 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, or any damage or loss caused or alleged to be caused by or in connection with the access or use of such third party sites.
ETERNITY WARRIOR may update, add to, enhance, modify, remove or alter any content or features of the ETERNITY WARRIOR Service at any time, in our sole discretion. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the ETERNITY WARRIOR Service.
ETERNITY WARRIOR provides the ETERNITY WARRIOR Service on an “AS IS” and “AS AVAILABLE” basis. You use the ETERNITY WARRIOR Service at your own risk. Other than as expressly provided in writing by ETERNITY WARRIOR in connection with your purchase of an ETERNITY WARRIOR product (for example, the Training System), ETERNITY WARRIOR 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 with respect to the ETERNITY WARRIOR Service. Without limiting the foregoing, ETERNITY WARRIOR makes no representations or warranties:
• That the ETERNITY WARRIOR Service is or will be permitted in your jurisdiction;
• That the ETERNITY WARRIOR 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 ETERNITY WARRIOR Service will meet your personal or professional needs;
• That ETERNITY WARRIOR will continue to support any particular feature of the ETERNITY WARRIOR Service; or
• Concerning sites and resources outside of the ETERNITY WARRIOR Service, even if linked to from the ETERNITY WARRIOR 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 ETERNITY WARRIOR SERVICE, AND NO WARRANTIES WILL APPLY AFTER SUCH PERIOD.
17. Limitation of Liability
To the fullest extent permitted by law: (i) ETERNITY WARRIOR will 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) ETERNITY WARRIOR's total liability to you for all claims, in the aggregate, will not exceed the amount actually paid by you to ETERNITY WARRIOR over the three (3) months preceding the date your first claim(s) arose.
18. Professional Advice Disclaimer / Medical Disclaimer
Professional Advice Disclaimer. THE ETERNITY WARRIOR 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 INFORMATION AVAILABLE IN OR VIA THE ETERNITY WARRIOR SERVICE AS A SUBSTITUTE FOR 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 INFORMATION AVAILABLE ON THE ETERNITY WARRIOR SITE OR ETERNITY WARRIOR SERVICE. THE USE OF INFORMATION PROVIDED THROUGH THE ETERNITY WARRIOR SERVICE IS SOLELY AT YOUR OWN RISK.
NOTHING STATED OR POSTED ON THE ETERNITY WARRIOR SITE OR AVAILABLE THROUGH ANY ETERNITY WARRIOR 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 ETERNITY WARRIOR SERVICE IS CONTINUALLY UNDER DEVELOPMENT AND ETERNITY WARRIOR 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 ETERNITY WARRIOR SERVICE WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.
Medical Disclaimer. In Subscribing to or otherwise using the ETERNITY WARRIOR Service, you affirm that either your physician has approved your use of the ETERNITY WARRIOR Service or that 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 as a result of exertion; (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 (viii) you do not know of any other reason you should not exercise.
ETERNITY WARRIOR may 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 ETERNITY WARRIOR 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 ETERNITY WARRIOR-generated content, and content provided to ETERNITY WARRIOR by our partners and licensors, is copyrighted individually and/or as a collective work under the U.S. copyright laws; further, as between you and ETERNITY WARRIOR, ETERNITY WARRIOR owns a copyright in the selection, coordination, arrangement and enhancement of all content in the ETERNITY WARRIOR Service. Subject to your compliance with this Agreement, and solely for so long as you are permitted by us to access and use the ETERNITY WARRIOR Service, you may download copies of applications associated with the ETERNITY WARRIOR Service to devices you own or control for your personal, non-commercial use of the ETERNITY WARRIOR Service and for no other purpose whatsoever, provided you keep intact all copyright and other proprietary notices. Subject to your compliance with this Agreement, and solely for so long as you are permitted by us to access and use the ETERNITY WARRIOR Service, ETERNITY WARRIOR hereby grants you a limited, revocable, non-exclusive, non-transferable right and license to access and use the content made available on the ETERNITY WARRIOR Service for your personal, non-commercial use of the ETERNITY WARRIOR 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 ETERNITY WARRIOR Service, including use of any such content on any other website or networked computer environment, is strictly prohibited.
The ETERNITY WARRIOR name, logos and affiliated properties, designs and marks are the exclusive property of ETERNITY WARRIOR and/or our 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 ETERNITY WARRIOR 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 ETERNITY WARRIOR 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 ETERNITY WARRIOR Service. All rights not expressly granted in this Agreement are reserved.
20. Copyright / DMCA Policy
ETERNITY WARRIOR 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.
ETERNITY WARRIOR will promptly remove materials from the ETERNITY WARRIOR Site and ETERNITY WARRIOR Service in accordance with the Digital Millennium Copyright Act (“DMCA”) if properly notified that the materials infringe a third party's copyright. In addition, ETERNITY WARRIOR 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 ETERNITY WARRIOR Site the material that you claim is infringing may be found, sufficient for ETERNITY WARRIOR 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 counternotice, via:
• Email, with the subject line “DMCA Notices” to: email@example.com
Eternity Warrior Method Inc.
3500 NW 2nd Ave #606
Boca Raton, FL 33431
Attn: Legal at Eternity Warrior Method Inc.
ETERNITY WARRIOR 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 ETERNITY WARRIOR 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 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 ETERNITY WARRIOR 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 ETERNITY WARRIOR 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 ETERNITY WARRIOR 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: Eternity Warrior Inc., Attn: Dispute Resolution Opt-out, 3500 NW 2nd Ave #606 Boca Raton, FL. 33431. 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 only this Agreement and not any 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 ETERNITY WARRIOR.
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 will be governed by the laws of the State of Florida, United States of America, without regard to principles of conflicts of law that would require a different result. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods will 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 ETERNITY WARRIOR Service must be commenced in the state or federal courts located in Palm Beach County, Florida, United States of America, and you consent to the jurisdiction of those courts.
23. Interpretation; Severability; Waiver; Remedies
Headings are for convenience only and will 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 ETERNITY WARRIOR in exercising any right hereunder will waive any further exercise of that right. ETERNITY WARRIOR'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 ETERNITY WARRIOR’s prior written consent. No third party has any rights hereunder. ETERNITY WARRIOR may assign our rights, obligations and/or this Agreement at any time in our sole discretion without notice to you.
You consent to receive all communications including notices, agreements, disclosures, or other information from ETERNITY WARRIOR electronically. ETERNITY WARRIOR may communicate by email or by posting to the ETERNITY WARRIOR Service. For support-related inquiries, you may email firstname.lastname@example.org. For all other notices to ETERNITY WARRIOR, write to the following address:
Eternity Warrior Method Inc.
3500 NW 2nd Ave #606
Boca Raton, FL. 33431
Attn: Legal at Eternity Warrior Method Inc.
Nothing in this Agreement or otherwise limits ETERNITY WARRIOR’s right to object to subpoenas, claims, or other demands.
This Agreement may be modified at any time by ETERNITY WARRIOR. 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 ETERNITY WARRIOR Service.
27. Entire Agreement
This Agreement incorporates the following legal documents by reference, as well as any other policies or procedures referenced herein that are posted to the ETERNITY WARRIOR Site from time to time:
• Subscription Terms and Conditions
• Limited Warranty
• Return Policy
If there is a conflict between any policies posted on the ETERNITY WARRIOR Service and the terms of this Agreement, the terms of this Agreement will control. This Agreement represents the entire understanding between ETERNITY WARRIOR and you and supersedes all prior agreements and understandings regarding the same.
Subscription Terms and Conditions
By purchasing a ETERNITY WARRIOR Subscription (a “Subscription”) you agree to the following terms and conditions, which supplement and form a part of the ETERNITY WARRIOR Terms of Service (the “Terms”). Capitalized terms not defined here have the meanings given to them in the
1. Subscription Coverage and Billing Cycle
Subscriptions. By purchasing a Subscription you will get full access to all of ETERNITY WARRIOR’s available classes, content, and features to which the Subscription is entitled for as long as the Subscription remains active. The account holder of the Subscription will be the person who activated the Subscription (the “Subscription Holder”). Subscription Holders may possess one or more Subscriptions.
Subscription Coverage. Other residents in the same household will have the same access to ETERNITY WARRIOR’s content via the Device as the Subscription Holder. Alternatively, if you are not purchasing the ETERNITY WARRIOR Service for use by residents in a single household, and are instead purchasing the ETERNITY WARRIOR Service on behalf of or for the benefit of a commercial entity and its customers, residents or other users at a single physical location (e.g., a gym, hotel, or apartment, condo or similar building), you will be deemed and considered a “Commercial Buyer”. If you are a Commercial Buyer, your customers, residents, or other users that you authorize to access and use the ETERNITY WARRIOR Service under your account in accordance with the terms of your Subscription will have the same access to ETERNITY WARRIOR’s content via the Device as the Subscription Holder. The Subscription Holder will be solely responsible for all activity occurring under the Subscription, including that of any individuals accessing and using the Subscription under the Subscription Holder’s account and Subscription, and their compliance with the Agreement.
Billing Cycle. All Subscriptions recur until they are cancelled in accordance with the terms below. Billing occurs at the beginning of the Subscription cycle and provides unlimited access for one month thereafter (or such longer time as is associated with the Commitment Period as defined below).
2. Account Registration
3. Commitment Periods
Commitment Period. When you first sign up for a Subscription you may be agree to a specific price and plan, which may include a commitment period term of 6 months and a requirement to prepay the applicable fees for such time (“Commitment Period”). You agree to maintain your Subscription for the applicable Commitment Period. The price available with your plan is valid until the Commitment Period expires, at which time your Subscription will automatically continue on a month-to-month basis at the then-existing non-promotional price for your Subscription level.
Other Offers. ETERNITY WARRIOR may offer additional promotions or discounts related to Subscriptions from time to time. Please read the details of those offers carefully, as any additional terms presented to you during the sign-up process will form part of the Agreement. Unless specified in writing, all discount offers that require a payment are non-refundable, and all free months offered are included in the Commitment Period (i.e., for a one-year Commitment Period with one free month you will pay for eleven months of the ETERNITY WARRIOR Service in advance). Any free trial or other promotion must be used within the specified time frame of the trial or promotion. You may be required to have a valid payment method on file in order to initiate a free trial; if you do not cancel before your free trial period ends, your account will be converted to a paid Subscription and will be charged in accordance with these Subscription Terms.
Auto-Renewal for Subscription Services. Unless you opt out of auto-renewal or sign up for a new Commitment Period, your Subscription will be automatically extended. To change or terminate your Subscription, contact us at email@example.com. If you terminate your Subscription during the Commitment Period, you may use your Subscription until the end of the then-current term and your Subscription will not be renewed after the then-current term expires.
4. Termination or Cancellation of Subscription
Cancellation of Subscription. You may only cancel your Subscription after the expiration of your Commitment Period, except as described in the next paragraph. You agree that if you cancel your plan before the end of the Commitment Period, you will remain responsible for all outstanding Subscription fees (if any) for the remainder of the Commitment Period. Prepaid Amounts will not be refunded, except as described in the next paragraph.
Termination within the Refund Period. If you terminate and return your Device in accordance with our Return Policy, then any associated Subscription fees will be fully refunded to you.
Suspension/Termination by ETERNITY WARRIOR. ETERNITY WARRIOR may immediately terminate or suspend your account, and all or a portion of your Subscription, without notice if: (a) your payment is more than 15 days overdueor (b) you engage in conduct that violates applicable law or that is threatening, abusive or harassing to ETERNITY WARRIOR employees, agents, or other ETERNITY WARRIOR users.
If we terminate or suspend your Subscription, your license to use the ETERNITY WARRIOR Service is also terminated or suspended (as applicable). If your Subscription is terminated, ETERNITY WARRIOR may immediately delete all data, files, and other User Content associated with your account without further notice to you. You must pay all charges through the date of termination. Should you wish to resume your Subscription after any suspension, a restoration of service fee may apply. This fee is in addition to all past due unpaid charges and other fees.
Subscription Holders agree to pay the monthly fee specified when you purchased your Device and/or signed up for a Subscription, and, if applicable, the one-time fee specified when you purchased your Session (as defined below). If the amount to be charged varies from the amount you preauthorized (other than due to the imposition or change in sales tax), you have the right to receive, and we will provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your specified payment method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
Your failure to terminate and/or continued use of your Subscription reaffirms that we are authorized to charge you for that Subscription. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you.
Billing Authorization. You may be asked to provide a credit, charge or debit card number from a card issuer that we accept in order to activate your Subscription or, if applicable, your Session – your authorizations in this section also apply to our payment processor and any other company who acts as a billing agent for us. You hereby authorize us to charge your specified payment method on a monthly basis, in advance, for the Subscription and/or to place a hold on your payment method with respect to any unpaid charges for Subscriptions. You authorize the issuer of your selected payment method to pay any amounts described herein without requiring a signed receipt, and you agree that these Subscription Terms shall be accepted as authorization to the issuer of the payment provider to pay any amounts described herein, without requiring a signed receipt from you. You authorize us to continue to attempt to charge and/or place holds with respect to all sums described herein, or any portion thereof, to your payment method until such amounts are paid in full. You agree to provide updated payment information upon request and any time the information you previously provided is no longer valid. You acknowledge and agree that neither ETERNITY WARRIOR, nor any ETERNITY WARRIOR agent, will have any liability whatsoever for any insufficient funds or other charges incurred by you as a result of attempts to charge, and/or place holds on, your specified payment method as contemplated by these Subscription Terms. If you provide a debit card number instead of a credit card number, you authorize all charges described herein to be applied to such debit card unless and until you provide a credit card number.
Third-Party Payment Processor. You agree to pay us, through our payment processor or financing partner (as applicable), all charges at the prices then in effect for any purchase in accordance with the applicable payment terms presented to you at the time of purchase. You agree to make payment using the payment method you provide when you set up your account. We reserve the right to correct, or to instruct our payment processor or financing partner to correct, any errors or mistakes, even if payment has already been requested or received.
Financing Purchase. If you finance the purchase of your Subscription or a Device, you agree to abide by the terms of the financing agreement that governs your purchase, which will be provided to you separately. Unless we tell you otherwise at the time of purchase, if you finance the purchase of a Device or Subscription, your Commitment Period will be equal to the length of the financing. In addition, you agree to supply ETERNITY WARRIOR with a credit or debit card prior to the end of your Commitment Period, or your Subscription will terminate at the end of your Commitment Period.
Bill Inquiries and Refunds. If you believe you have been billed in error for a Subscription or a Session, please notify us within 60 days of the billing date by contacting us at firstname.lastname@example.org ETERNITY WARRIOR will not issue refunds or credits after the expiration of this 60-day period, except where required by applicable law.