Terms and Conditions

Terms of Use

NOTE: THIS SITE IS LOCATED IN THE UNITED STATES OF AMERICA, AND U.S. LAWS WILL APPLY

ACCEPTANCE OF TERMS THROUGH USE

Rippin Fitness, LLC., and our subsidiaries and affiliates (collectively, ‘Rippin Fitness’, ‘we’, or ‘us’) provide a variety of products, content and features through our website www.rippinfitness.com (the ‘Site’), through our equipment and any interfacing application, and through our social media pages (collectively, the ‘Services’). By registering with us, or by visiting, browsing, or using the Services in any way, you signify your agreement to all terms, conditions, and notices contained or referenced herein. If you do not agree to these Terms of Use (“Terms”) please do not use the Site or Services. Rippin Fitness reserves the right to change these Terms, and your continued use of the Services constitutes agreement to all such changes. Please check the Terms periodically for changes.

If you engage with us through a social media platform these Terms are in addition to any terms and conditions governing the relevant social media platform. If you access the Services through an application platform on your device these Terms are in addition to any terms and conditions governing the relevant application platform. We have no liability or responsibility for the third-party content, products or services available on any third-party platform or the actions or inactions of any third-party platform or any other user of such third-party platform.

PRIVACY

For information about our data practices, please see our Privacy Policy. By accessing or using the Service, you agree that we can collect and use your information in accordance with the Privacy Policy.

LICENSE AND USE OF THE SERVICE

The Site and Services are intended for personal, non-commercial use. Subject to your compliance with these Terms, we grant you a limited non-transferable, non-exclusive, revocable license to access and make personal use of the Service for your own personal, non-commercial purposes. This license is personal to you and may not be assigned or sublicensed to anyone else.

This license includes the right to view content available on the Service. You may print, copy and download any content available on the Service for your personal use only. This license does not include any resale or commercial use of the Service or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Service or its contents; any downloading or copying of information for the benefit of a merchant or third party; or any use of data mining, robots, or similar data gathering and extraction tools without our express written consent.

You are granted a limited, revocable, and nonexclusive right to create a hyperlink(s) to the home page(s) of the Sites so long as the link does not portray us or the Service in a false, misleading, derogatory, or otherwise offensive matter.

You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, or otherwise use for commercial or public purposes in whole or in part any portion of the Service, except for the purposes expressly provided herein, without our prior written approval.

Rippin Fitness reserves the right, in its sole discretion, without any obligation and without any notice requirement, to change, improve or correct the Service, including, without limitation, information, materials and descriptions available through the Service and to suspend and/or deny access to the Service for scheduled or unscheduled maintenance, upgrades, improvements or corrections. The information and materials on the Service may contain typographical errors or inaccuracies. Any dated information is published as of its date only, and we do not undertake any obligation or responsibility to update or amend any such information. We may discontinue or change any product or service offered at any time.

To make purchases through the Site or Services, or for access to certain features of the Site or Services, you may be required to register and/or create an account, or to provide information about yourself (such as payment, identification or contact details). You agree that any information you provide to Rippin Fitness will always be accurate, correct and up to date. If you create or are provided a password in connection with your use of the Service, you are responsible for keeping your password secure. Rippin Fitness cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password. You are responsible for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify Rippin Fitness immediately. You hereby certify that any email account you provide to us is registered to you.

A breach or violation of any of these Terms, as determined in the sole discretion of Rippin Fitness, may result in an immediate termination of your account and/or access to the Service. In addition, we may immediately terminate or suspend any paid subscription portion of the Service, without notice, if subscription fees are overdue.

Unauthorized use of the Service, including, but not limited to, unauthorized entry into Rippin Fitness Site or property, misuse of passwords or misuse of any other information, is strictly prohibited. You may not use the Services in any manner that could damage, disable, overburden, or impair any element of the Services or interfere with any other party’s use and enjoyment of the Services. You may not attempt to gain unauthorized access to the Service or computer systems or networks connected the Service, through hacking, password mining or any other means. You agree that you will not engage in any activities related to the Service that are contrary to applicable laws or regulations. Any unauthorized use of the Service terminates the permissions and license granted hereunder.

You acknowledge and agree that if Rippin Fitness disables access to your account, for any reason, you may be prevented from accessing certain features of the Service, your account details or any files or other content which is contained in your account. We may, but have no obligation to, remove content or accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.

Except as expressly set out in these Terms and the Privacy Policy, under no circumstances will Rippin Fitness have any liability to provide access to your account details, files, data, or content which is contained in your account, or for any such data or content being lost or destroyed. Except as expressly set out in these Terms and the Privacy Policy, all data collected by Rippin Fitness based on your use of the Site or Services is owned by Rippin Fitness.

USE BY MINORS

The Site and Services are intended for use by users who are eighteen (18) years of age or older. Access to or use of the Service by anyone under eighteen (18) without the express permission of their parent or legal guardian is unauthorized, unlicensed and in violation of these Terms. By using the Service, you represent and warrant that you are eighteen (18) or older, or that your parent or guardian has registered you through the Service and has expressly given you permission to use the Service and that you agree to abide by these Terms.  Use of the Service by anyone under the age of fourteen (14) is strictly prohibited.

DISCLAIMER OF WARRANTIES

The Site and Services are provided on an “AS IS,” and “AS AVAILABLE” basis. You therefore use the Service (including, without limitation, any training programs included in the Service (“Training Programs”)) at your own risk. Other than expressly provided in writing by Rippin Fitness in connection with your purchase of a Rippin Fitness product (for example, our exercise equipment), Rippin Fitness does not warrant the Site or Services, either expressly or impliedly, for any particular purpose and expressly disclaims any implied warranties, including but not limited to, warranties of title, non-infringement, merchantability or fitness for a particular purpose. Rippin Fitness will not be responsible for any loss or damage that could result from interception by third parties of any information or services made available to you as part of the Services. Rippin Fitness cannot and does not guarantee the accuracy, validity, timeliness or completeness of any information or data made available to you for any particular purpose. Neither Rippin Fitness, nor any of its directors, officers or employees, nor any third party vendor, will be liable or have any responsibility of any kind for any loss or damage that you incur in the event of any failure or interruption of the Services, or resulting from the act or omission of any other party involved in creating the Service, including the data contained in, or the products or services offered as part of, the Services, or from any other cause relating to your access to, inability to access, or use of the Services, whether or not the circumstances giving rise to such cause may have been within the control of Rippin Fitness or of any third party vendor. This includes, but is not limited to, damages from the transmission of any viruses which may infect a user’s equipment, failure of mechanical or electronic device, equipment or communication lines, telephone or other interconnect problems (e.g., you cannot access your internet service provider), unauthorized access, theft, operator errors, strikes or other labor problems or any force majeure. No advice or information, whether oral or written, obtained by you from Rippin Fitness or through or from the Services shall create any warranty not expressly stated in these Terms. Rippin Fitness does not represent or warrant to you that: (a) your use of the Services will meet your requirements; (b) your use of the Services will be uninterrupted, timely, secure or free from error; (c) any information obtained by you as a result of your use of the Services will be accurate or reliable; or (d) that defects in the operation of functionality of any Software provided to you as a part of the Services will be corrected.

RIPPIN FITNESS HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IN CONNECTION WITH THE SITE OR SERVICES AND ANY RELATED PRODUCTS AND SERVICES SOLD BY RIPPIN FITNESS.

DISCLAIMER REGARDING MEDICAL AND PROFESSIONAL ADVICE

The Services and material provided on the Services, including, without limitation, in exercise videos are for general informational purposes only.  Rippin Fitness is not a health care practitioner and has no expertise in diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise or treatment on a medical condition. Rippin Fitness is not intended to be a substitute for professional medical or psychological advice, diagnosis, or treatment. You are responsible for your own health, diet research and decisions; therefore, Rippin Fitness requires that you consult with your physician or health care practitioner before dieting, making any personal health decisions, or following any training instructions you receive through the Service or participating in any event announced through the Service. By using or registering to use the Services, you certify that you are a healthy individual or have received consent from your physician to participate in the programs, workouts, and exercises that you participate in in connection with the Services. You should understand that when participating in any exercise or exercise program, there is the possibility of physical injury or death.

Rippin Fitness is not responsible for the accuracy, reliability, effectiveness, or correct use of information you receive through the Services, or any health problems that may result from the use of exercise videos, products, or events you learn about through the Services or Rippin Fitness. If you engage in any exercise program you receive through the Services, you agree that you do so at your own risk and are voluntarily participating in these activities. You are encouraged to consult with your health care provider with any questions or concerns you may have regarding any health condition.

Attention: Not all workout routines, exercises and/or activities are suitable for everyone. Always consult a physician before starting a workout program, changing your workout routine, or changing your diet. If you feel discomfort or pain, you must discontinue any exercise and consult a medical expert.

INTELLECTUAL PROPERTY

All content, Software, and other materials included on the Service, including, without limitation, text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations, is the property of Rippin Fitness or its licensors or users and protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

The compilation of all content on the Service is the exclusive property of Rippin Fitness and protected by U.S. and international copyright laws.

The Rippin Roller, Rippin Fitness logo and any other product or service name or slogan contained on the Service are trademarks and/or service marks of Rippin Fitness, its suppliers, partners, or licensors, or other third party.

You are prohibited from using any such marks for any purpose including, but not limited to use as meta tags on other pages or sites on the World Wide Web without the written permission of Rippin Fitness or such third party, which may own the marks.

You may not use any meta tags or any other “hidden text” utilizing our names or trademarks without our express written consent.

If you copy or download any information or content from the Service, you agree that you will not remove or obscure any copyright or trademark or other notices or legends contained in any such information.

All rights not expressly granted in these Terms are reserved.

LINKS

The Site or Services may contain links to third party Web sites and services. These links are provided only as a convenience. Further, third party Web sites and services may link to our Sites through our affiliate marketing program or otherwise. The inclusion of any link is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by Rippin Fitness of any information contained in any third party Web site or services. In no event shall Rippin Fitness be responsible for the information contained on such sites or services, or your use of or inability to use such site or services. You should also be aware that the terms and conditions of such site or services and the third party’s privacy policy may be different from those applicable to your use of the Service.

SUBMISSIONS

You acknowledge and agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding the Site or Services, Rippin Fitness, or our other products or services that are provided by you to Rippin Fitness are non-confidential and shall become the sole property of Rippin Fitness. Rippin Fitness will own exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You grant Rippin Fitness and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that (a) you own and control all of the rights to the content that you submit, or that you otherwise have the right to submit such content to the Sites; (b) the content is accurate and not misleading; and (c) use and posting of the content you supply will not violate any rights of or cause injury to any person or entity.

ACCEPTABLE USE

You are responsible for your use of the Site and Services, and for any use of the Services made using your account. Our goal is to create a positive, useful, and safe user experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to us. When you use the Service, you may not:

• violate any law or regulation;
• violate, infringe, or misappropriate other people’s intellectual property, privacy, publicity, or other legal rights;
• post or share anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
• send unsolicited or unauthorized advertising or commercial communications, such as spam;
• engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Service;
• transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;
• stalk, harass, or harm another individual;
• impersonate any person or entity or perform any other similar fraudulent activity, such as phishing;
• use any means to scrape or crawl any Web pages contained in the Service;
• attempt to circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Service;
• attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the Service; or
• advocate, encourage, or assist any third party in doing any of the foregoing.

PRODUCT REVIEWS AND USER CONTENT

You acknowledge that unless expressly forbidden by you, all product reviews on or regarding our site and/or Services may be used by Rippin Fitness for promotional purposes.

DMCA/COPYRIGHT POLICY

Rippin Fitness respects the intellectual property of others and expects its users to do the same. It is our policy, in appropriate circumstances and at our discretion, to disable or terminate the accounts of users who repeatedly infringe the rights of copyright holders.

Rippin Fitness will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act (“DMCA”), as set forth below. If you own copyrights in a work and believe that your intellectual property rights in that work have been infringed by an improper posting or distribution of it via the Service please contact us at tjfowler@rippinfitness.com.

PURCHASE OF PRODUCTS AND SERVICES

You may purchase certain products on the Site. In addition, Rippin Fitness may now or in the future charge a fee for certain Service offerings, either on a one-time, re-occurring or subscription basis.

You agree to provide only true, accurate, current and complete information in connection with any purchases made through the Service.

When you make purchases through the Service, you have an opportunity to review and accept the fees that you will be charged, which Rippin Fitness may change from time to time. Changes to applicable fees are effective upon posting the changes on the Service. When you make a purchase through the Service, you authorize Rippin Fitness or its third party payment processors to charge the credit card identified by you for the full amount of the applicable fees (including, where applicable, any recurring subscription fees) and all applicable taxes, and you represent and warrant that you are authorized to use such credit card for the purpose of making such purchase. You further authorize Rippin Fitness to store your credit card information. If Rippin Fitness does not receive payment from your credit card provider, you agree to pay all amounts due upon demand, and acknowledge that Rippin Fitness may suspend your access to the Service in the event such amounts are not timely paid. All sales are final, and Rippin Fitness will not issue any refunds, including refunds for prepaid monthly fees. Unless otherwise stated, all fees are quoted in U.S. Dollars.

At the time you place your order, you may have been offered and agreed to purchase the product or service at a price that is not consistent with other customers. Your cost (which includes applicable sales tax) is the amount you agreed to pay at the time of purchase.

PRODUCT AND SERVICE DESCRIPTIONS

Rippin Fitness attempts to be as accurate as possible. However, we do not warrant that product and service descriptions or other content available on the Service is accurate, complete, reliable, current, or error-free.

SHIPPING AND RISK OF LOSS

All items purchased from the Service are made pursuant to a shipment contract. The risk of loss and title for such items pass to you upon our delivery to the carrier.

PRICING

Despite our best efforts, a small number of the items or features on the Service may be mispriced due to system or typographical errors. We reserve the right to correct any and all errors when they do occur, and we do not honor inaccurate or erroneous prices. If we discover a mispricing on items available for sale on the Service, we will do one of the following:

If an item’s correct price is lower than our stated price, we will charge the lower amount and ship you the item.

If an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

If the order has been shipped, you agree to either return the product or pay the difference between the actual and charged prices.

SUBSCRIPTIONS/MEMBERSHIPS

Terms for applicable subscription or membership Service offerings may be different for each subscription or membership and may be changed by Rippin Fitness at any time without prior notice. Some subscriptions or memberships may be available on a free-trial basis and others not. Similarly, some may be available for monthly, bi-monthly, quarterly, semi-annual or annual subscription or membership fees. We will advise you of the terms applicable to each subscription or membership prior to purchase.

After the initial subscription or membership, all subscriptions and memberships will automatically renew unless cancelled or modified as provided herein, or in accordance with the terms applicable to the particular subscription or membership. By signing up for a subscription or membership, you agree that we may charge your payment method on a periodic basis as set forth at the time of your initial subscription or membership. These charges and your subscription or membership will continue until your subscription or membership is cancelled or modified as provided herein. The renewal fee will be the then current subscription or membership rate, plus any applicable taxes, at the time of renewal.

For subscriptions or memberships purchased directly from Rippin Fitness you may cancel the subscription or membership by sending an email requesting cancellation to email, or by following links and/or instructions provided on our Sites. Subscription or membership fees accruing prior to the effective date of the cancellation will be charged. Billing occurs at the beginning of the subscription or membership cycle and provides access for the following subscription or membership period. To avoid renewal, you must cancel at least 48 hours prior to the end of your subscription or membership cycle. If you cancel your subscription or membership, you may use your subscription or membership until the end of the then current subscription or membership period and your subscription or membership will not be renewed after the period expires, except in the case of refund as set out below. Generally, subject to any specific cancellation and refund rights you may have under law, you will not be eligible for a refund of any portion of the subscription or membership fee paid for the then current subscription or membership period. In situations where Rippin Fitness provides a refund either in accordance with the terms applicable to the specific subscription or membership, or otherwise, unless prohibited by law, Rippin Fitness may terminate your subscription or membership access for the remainder of the corresponding subscription or membership period.

INTERNATIONAL USE

The Service is controlled and operated from the United States of America. If you access the Service from a location outside the United States of America, you do so on your own initiative and are responsible for compliance with all applicable laws of your jurisdiction. Rippin Fitness makes no representation that materials on the Service are appropriate or available for use in locations outside the United States and accessing them from territories where their contents are illegal is prohibited.

INDEMNIFICATION; WAIVER AND RELEASE

You agree to defend, indemnify and hold harmless Rippin Fitness, its officers, directors, employees, agents, shareholders, consultants, information providers and suppliers from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any content you post, store or otherwise transmit on or through our Service or your use of or inability to use the Service, including without limitation any actual or threatened suit, demand or claim made against Rippin Fitness and/or its independent contractors, service providers, employees, directors or consultants, arising out of or relating to the content, your conduct, your violation of these Terms or your violation of the rights of any third party.

You hereby release and forever waive any and all claims you may have against Rippin Fitness, its officers, directors, employees, agents, shareholders, consultants, information providers or suppliers for losses or damages you or others sustain in connection with your use of the Service.

LIMITATION OF LIABILITY

NEITHER RIPPIN FITNESS, NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, CONSULTANTS, INFORMATION PROVIDERS OR SUPPLIERS, SHALL HAVE ANY LIABILITY FOR ANY LOSS OR DAMAGE WHATSOEVER, INCLUDING BUT NOT LIMITED TO INCIDENTAL, PUNITIVE, CONSEQUENTIAL, ATTORNEY FEES, OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA AND THE LIKE) ARISING OUT OF THE SERVICE OR YOUR USE OF, OR INABILITY TO USE OR ACCESS THE SERVICE OR ANY CONTENT PROVIDED ON THE SERVICE OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY IN USE OR ACCESS TO THE SERVICE OR CONTENT PROVIDED THROUGH THE SERVICE OR ANY CLAIM ARISING FROM OR RELATING TO ERRORS, OMISSIONS OR INACCURACIES IN THE CONTENT PROVIDED ON THE SERVICE OR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF RIPPIN FITNESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT WAIVING THE EXCLUSIVE GOVERNING LAW PROVISION SET FORTH HEREIN, SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THEREFORE THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

THE LIMITATION OF LIABILITY SET FORTH ABOVE SHALL APPLY TO EVERY FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE OR OTHER TORT, AND SHALL SURVIVE ANY BREACH OF THE TERMS OR ANY AGREEMENT, OR THE FAILURE OF THE ESSENTIAL PURPOSE OF THE TERMS OR AN AGREEMENT OR ANY EXCLUSIVE REMEDY.

THE TOTAL LIABILITY OF RIPPIN FITNESS OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, CONSULTANTS, INFORMATION PROVIDERS OR SUPPLIERS, IF ANY, FOR LOSSES OR DAMAGES SHALL NOT EXCEED AN AMOUNT EQUAL TO ANY FEES PAID BY YOU TO US FOR THE SERVICE DURING THE PRECEDING 3 MONTHS.

ADDITIONAL TERMS MAY APPLY

Additional terms may apply to certain products or features of the Service. For example, additional terms may be set out for a particular feature or application or included in product manuals or brochures when you purchase products using our Service. If there is a conflict between these Terms and any additional terms, the additional terms will control.

APPLICABLE LAW

Except as otherwise stated herein, these Terms, together with the Privacy Policy, constitute the entire agreement between you and Rippin Fitness concerning your use of the Service, superseding any prior agreements between you and Rippin Fitness with respect to the Service. These Terms and the relationship between you and Rippin Fitness shall be subject to the internal laws of the State of Ohio without giving effect to its principles on conflict of laws and shall be applied to any arbitration under these Terms.

BINDING ARBITRATION; CLASS ACTION WAIVER

Except for matters relating to the enforcement of our intellectual property rights, all disputes, controversies, or claims arising out of or relating in any way to the Service, your participation in any of the features available through them and/or your purchase of any products, content or services shall be finally resolved by as provided below. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE WITH RIPPIN FITNESS BEFORE A JUDGE OR JURY. The arbitral tribunal shall have the power to rule on any challenge to its own jurisdiction or to the validity or enforceability of any portion of this agreement to arbitrate. You and Rippin FItness agree to arbitrate solely on an individual basis and expressly waive the ability to participate in a class or representative proceeding, including any class arbitration or representative arbitration proceedings. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. In the event the prohibition on class arbitration is deemed invalid or unenforceable, then the remaining portions of the agreement to arbitrate will remain in force. To the extent that you or Rippin Fitness opts out of arbitration following the procedure set forth below, or if this arbitration agreement is found inapplicable to a dispute between us, you and Rippin Fitness expressly waive the ability to participate in any class or representative litigation.

If a dispute arises that is subject to arbitration, you must give us written notice and an opportunity to resolve it. Your notice must include your name, your address, a written description of the dispute, and a specific description of the relief you are seeking. If we do not resolve our dispute within forty-five (45) days after receiving your notice, you may pursue arbitration.

Any dispute or claim that is subject to arbitration but is not resolved by the pre-arbitration dispute process, shall be submitted to binding arbitration. The disputes and claims subject to arbitration will be resolved by a single arbitrator mutually agreed upon by you and Rippin Fitness. If we cannot agree on an arbitrator, then an arbitrator shall be selected pursuant to Rule 12 of the JAMS Streamlined Arbitration Rules and Procedures. The arbitrator shall be bound by and shall strictly enforce these Terms and any other applicable agreement between us, and may not limit, expand, or otherwise modify any such terms. The arbitrator may award any relief that a court of law could, applying the limitations of liability contained in these Terms. The arbitrator may award injunctive relief if permitted by law, but the injunctive relief awarded by the arbitrator may not extend beyond our dealings with one another. Any arbitration will be held in Cuyahoga County, Ohio, U.S.A., unless otherwise agreed upon by you and Rippin Fitness in writing. You and Rippin Fitness will each bear its own expenses in the arbitration and will share equally the costs of the arbitration; provided, however, that the arbitrator shall award costs and fees to the prevailing party if it is determined that the other party submitted a claim with no reasonable basis or filed any claim in bad faith.

You may opt out of the agreement to arbitrate by providing written notice of your intention to do so to us at the address below no later than 60 days after initial acceptance of these Terms. The procedure spelled out herein is the only way to opt out of arbitration, and any attempts to opt out after the deadline set forth herein will be ineffective. Notwithstanding your decision to opt out of arbitration, you still waive the ability to participate in any class or representative litigation.

Because the Service and these Terms concern interstate commerce, the Federal Arbitration Act governs the interpretation and enforcement of the arbitration rules (notwithstanding the application of Ohio law to any underlying claims as provided above). You agree the arbitration and other provisions of this section “Binding Arbitration; Class Action Waiver” survives any termination of these Terms.

SEVERABILITY

If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

WAIVER OF RIGHTS

Rippin Fitness’ failure or delay in enforcing an obligation, or exercising a right or remedy, does not amount to a waiver of that obligation, right or remedy. Rippin Fitness waiving a breach of a term does not amount to a waiver of a breach of any other term in this agreement. A waiver by Rippin Fitness of a particular obligation in one circumstance will not prevent Rippin Fitness from subsequently requiring compliance with the obligation on other occasions.

TERMINATION

Notwithstanding these Terms, Rippin Fitness reserves the right, without notice and in its sole discretion, to terminate your license to use the Service, and to block or prevent future your access to and use of the Service.

QUESTIONS

For questions regarding these Terms, please contact us at tjfowler@rippinfitness.com or:

Rippin Fitness, LLC
87 STONESTHROW DRIVE
BEREA OH 44017

Terms of Use last modified on May 1, 2021