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Merrithew Connect™ Terms of use

Effective: June 1, 2021

The following terms and conditions govern your use of our service. By accessing, signing up or otherwise using any Merrithew Connect service, including all associated features and functionalities, websites and user interfaces, as well as all content and software applications associated with our services (collectively, “Merrithew Connect”, “our Service” or “the Service”), or accessing any videos or other content or material that is made available through the Service (the “Content”) you are entering into a binding contract with Merrithew International Inc. (o/a Merrithew®) (“we”, “us”, “our”).

Your agreement with us includes these Terms and any additional terms that you agree to, including our Terms, the Order terms and conditions, the Digital product terms of sale, the Privacy policy, the Cookie policy (collectively referred to as the “Agreement”), all applicable laws and all applicable terms of use and policies as may apply to the devices, technology or products used in conjunction with the Site or the merchandise accessed or purchased therefrom. If you don’t agree with or cannot comply with the Agreement, then you may not use the Service or access any Content.

You must be at least 18 years of age, or the age of majority in your province, territory or country, to use the Service and access any of its Content. All users who are minors in the jurisdiction in which they reside must have the permission of, and be directly supervised by, their parent or guardian to use the Service or access any Content. If you are a minor, you must have your parent or guardian read and agree to these Terms prior to you using the Service.

Merrithew reserves the right to update or modify these Terms at any time without prior notice. Your use of the Service following any such change constitutes your unconditional agreement to follow and be bound by the Terms as changed. For this reason, we encourage you to review these Terms whenever you use the Service.

Third-party applications and services

The Service is integrated with or may otherwise interact with third-party applications, websites, services and devices (“Third-Party Applications”) to make the Service available to you. These Third-Party Applications may have their own terms and conditions of use and privacy policies and your use of these Third-Party Applications are governed by and subject to such terms and conditions and privacy policies. You understand and agree that we do not endorse and are not responsible or liable for the behavior, features or content of any Third-Party Applications or for any transaction you may enter into with the provider of any such Third-Party Applications, nor do we warrant the compatibility or continuing compatibility of the Third-Party Applications with the Service.

Waiver of injury or harm

The Content of our Service, including, but not limited to, any and all workouts, practices, routines, tips, suggestions, opinions, and recommendations, is intended solely for instructional purposes. Such information is not intended to be, nor should it be used as, a substitute for professional medical advice, diagnosis, treatment or therapy. No person is entitled to rely or should rely on any such information without the approval of a qualified physician. You should not engage in any physical activity described in our Content or as part of the Service without first consulting with a qualified physician to determine if you can safely perform physical activity without adverse consequences. Those with pre-existing medical conditions, or who are pregnant or trying to become pregnant, or are breastfeeding should take particular caution.

By accessing, or engaging in physical activity related to, our Content you fully and irrevocably assume any and all risks of any kind resulting from performing any exercise on the Service or taking any action, or failing to take any action, in connection with the Content embodied on the Service.

None of the instructors, teachers, authors, or publishers of the Content on the Service, or any entity or person associated with any such person, including, but not limited to Merrithew, Merrithew Connect, and its subsidiaries, affiliates and/or related entities (collectively, the “Released Parties”), assumes or shall be deemed to have assumed any responsibility or liability for any injuries, losses, costs, claims or damages of any kind, including as a result of negligence of any kind (collectively and individually, a “Loss”), that may occur as a result of using the Service or relying on any information contained on the Service or its Content. The Released Parties expressly disclaim any and all liability for any such Loss and, by accessing or using the Service or its Content, you shall be deemed to have expressly agreed that none of the Released Parties shall have any responsibility whatsoever for any Loss.

Service

  • The Service and its Content are intended solely for personal, non-commercial use and may not be shared. During your Paid Subscription we grant you a limited, non-exclusive, non-transferable right to access the Service and view its Content. Except for the foregoing, no right, title or interest shall be transferred to you. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Content, the Service or any related software. All intellectual property used on this site is the property of Merrithew or its suppliers and protected by U.S. and international copyright laws. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or public performance, of the content on this site is strictly prohibited. Merrithew and Merrithew Connect are trademarks of Merrithew Corporation, used under license. We may terminate or restrict your use of our service at our sole discretion if you violate any part of these Terms or are engaged in illegal or fraudulent use of the service.
  • We may, from time to time, remove Content for any reason at our sole discretion without notice.
  • The quality of the Content displayed may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. The time it takes to begin watching Content will vary based on a number of factors, including your location, available bandwidth at the time, the Content you have selected and the configuration of your device.
  • Some Content may be made available for temporary download and offline viewing on certain supported devices (“Offline Titles”). Limitations apply, including restrictions on the number of Offline Titles per account, the maximum number of devices that can contain Offline Titles, the time period within which you will need to begin viewing Offline Titles and how long the Offline Titles will remain accessible.
  • We will make reasonable efforts to keep the Service operational. However, certain technical difficulties, maintenance or testing, or updates required to reflect changes in relevant laws and regulatory requirements, may, from time to time, result in temporary interruptions. We reserve the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Service, with advance notice where possible, all without liability to you, except where prohibited by law, for valid reasons such as in case of genuine interruption, modification, or discontinuation of the Service or any function or feature thereof, or need to repair, maintain or improve the existing functions or features, or to add new functions or features to the Service, or to implement advancements in science and technology or ensure the operability or the security of the Service, legal and regulatory reasons.

Subscriptions

The Service and its Content requires payment before it may be accessed (a “Paid Subscription”). Your Paid Subscription will continue until terminated. To use the Service, you must have Internet access, a capable device, and provide us with a current, valid, accepted method of payment, as may be updated from time to time, and which may include payment through your account with a third-party (a “Payment Method”). Unless you cancel your membership before your billing date, you authorize us to charge the subscription fee for the next billing cycle to your Payment Method.

Trials and promotional offers

  • Trials

    From time to time, we may offer trials of our Service for a specified period without payment or at a reduced rate (a “Trial”). Only first-time Service subscribers are eligible for trials. We may determine your eligibility for a Trial, and withdraw or modify a Trial at any time without prior notice and with no liability, to the extent permitted under applicable law.



    You will be required to provide your payment details to start the Trial. By providing such details you agree that we may automatically begin charging you for the Paid Subscription on the first day following the end of the Trial on a recurring monthly basis or another interval that we disclose to you in advance. YOU MUST CANCEL THE APPLICABLE PAID SUBSCRIPTION BEFORE THE END OF THE TRIAL IF YOU DO NOT WANT THIS CHARGE.
  • Promotional offers
    We may from time to time make available special promotional offers, plans or memberships (“Offers”). Offer eligibility is determined by Merrithew at its sole discretion and we reserve the right to revoke an Offer and put your account on hold in the event that we determine you are not eligible. Only one Offer may be applied per Service account per paid subscription.

Billing, cancellation and refunds

  • Billing

    The Paid Subscription fee for the Service and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged to your Payment Method on the specific payment date. The length of your billing cycle will depend on the type of subscription that you choose when you signed up for the service. In some cases, your payment date may change, for example if your Payment Method has not successfully settled, when you change your subscription plan or if your paid membership began on a day not contained in a given month. Visit your account Dashboard to see your next payment date. We may authorize your Payment Method in anticipation of a subscription or service-related charges through various methods, including authorizing it for up to approximately one month of service as soon as you register. If you signed up using your account with a third-party as a Payment Method, you can find the billing information about your Merrithew Connect subscription by visiting your account with the applicable third-party.

    We may change the price for the Paid Subscriptions, including recurring subscription fees, from time to time and will communicate any price changes to you in advance. Price changes will take effect at the start of the next billing period following the date of the price change. Subject to applicable law, you accept the new price by continuing to use the Service after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by unsubscribing from the Paid Subscription prior to the price change going into effect.
  • Payment methods
    You must provide a Payment Method to use the Service. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used. Check with your Payment Method provider for details.
  • Cancellation
    You may cancel your Paid Subscription at any time, and you will continue to have access to the Service and its Content through the end of your billing period. If you cancel your membership, your account will automatically close at the end of your current billing period. To cancel or see when your account will close, visit your account Dashboard page. If you signed up for the Service using your account with a third-party as a Payment Method and wish to cancel your Paid Subscription, you may need to do so through such third-party, for example by visiting your account with the applicable third-party and turning off auto-renew, or unsubscribing from the Service through that third-party.
  • Refunds
    To the extent permitted by the applicable law, payments are non-refundable and we do not provide refunds or credits for any partial membership periods or unwatched Content.

User reviews, feedback and submissions

As outlined in the Merrithew Terms

Indemnification

As outlined in the Merrithew Terms

Warranty

As outlined in the Merrithew Terms

Disclaimer

As outlined in the Merrithew Terms

Limitation of liability

As outlined in the Merrithew Terms

Trademarks and copyright

As outlined in the Merrithew Terms

Governance

This Agreement represents the complete agreement between the parties and supersedes all prior agreements and representations between them. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect. The failure of Merrithew to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit Merrithew’s rights with respect to such breach or any subsequent breaches. This Agreement shall be governed by and construed under the Province of Ontario law. Any action or proceeding arising out of or related to this Agreement or your use of the Service or its Content must be brought in the provincial courts of Ontario.

Contact

If you have any questions concerning the Service or the Agreements, please contact us.