Legal Policies

By using our platform you’re agreeing to the following waivers and legal documentation.

 

Substantially Updated:  4 August 2022 v1.1

 

These terms and conditions govern your use of the Crease Pro Inc. Website (at CreasePro.com and associated pages) and the Crease Pro mobile applications and services in any form (collectively, the “AF Site”), and constitute a legally binding agreement (the “Agreement”) between you and Crease Pro Inc., a Delaware corporation, as well as its successors and assigns (“AF” or “us”). Throughout this Agreement, you will be referred to a “you” or as a “Visitor,” or as applicable, as a “User” or Purchaser.” These Terms apply to you if you use or visit the AF Website and/or if you download, install or use the AF App. If you do not agree to these terms and conditions, please do not use the AF Site.

 

These terms and conditions are divided into four sections, any or all of which may apply to you:

 

1. General Terms and Conditions

2. Product Terms and Conditions

3. Website Terms and Conditions

4. Privacy Policy

 

End User Terms:

 

General Terms and Conditions

 

In exchange for the AF allowing you to use or visit the AF Website and/or download, install or use the AF App, for giving you the opportunity to create a profile with information about yourself within the AF Site (“Profile”), and/or for allowing you to purchase or use AF’s services or products, you are agreeing to this Agreement. You are acknowledging that your decision to use the AF Site and agree to this Agreement is completely voluntary and for adequate consideration.

 

PLEASE BE ADVISED THAT PROVISIONS IN THIS AGREEMENT GOVERN HOW CLAIMS YOU AND AF HAVE AGAINST EACH OTHER CAN BE BROUGHT, INCLUDING PROVISIONS REQUIRING YOU TO SUBMIT CLAIMS YOU HAVE AGAINST THE AF TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING. THIS AGREEMENT ALSO CONTAINS PROVISIONS BY WHICH YOU WAIVE SUBSTANTIAL RIGHTS TO POTENTIAL REMEDIES AND BY WHICH YOU AGREE TO HOLD AF HARMLESS AGAINST CERTAIN CLAIMS. IF YOU DO NOT WISH TO AGREE TO THESE PROVISIONS AND THIS AGREEMENT IN ITS ENTIRETY, DO NOT INDICATE THAT YOU AGREE TO THESE TERMS AND DO NOT USE the AF Site OR MAKE A PURCHASE FROM AF.

AF may update these terms and conditions of this Agreement (the “Terms”), in its discretion, from time to time. AF will post the most recent Terms on the AF Website at https://www.creasepro.com/legal and the most recent Terms posted shall govern and constitute your Agreement with AF. Each time you use or open the AF Site or Acquire an AF Product, you are agreeing to the most recent version of these Terms. Please be advised that you have the responsibility to continue to check the AF Website to read and understand the Terms of this Agreement. AF may, but does not need to, notify you that it has updated and revised these Terms. You may also obtain the most recent Terms of this Agreement on request by email to info@creasepro.com; the Subject Line of such email must read “Request for AF Terms and Conditions.” 

 

 

Product Terms and Conditions

 

These Product Terms and Conditions set forth the terms and conditions pursuant to which you may buy, license, purchase or use (“Acquire”) any products, services, app or Events (as that term is later defined) offered or sold by AF (collectively, the “AF Products”). 

 

PLEASE KEEP IN MIND THESE IMPORTANT MATTERS:

 

• ALL AF PRODUCTS ARE SOLD “AS IS” AND ALL SALES ARE FINAL AND ALL PAYMENTS ARE NON-REFUNDABLE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

• USER AGREES TO COMPLY WITH ANY USE, CARE AND SAFETY GUIDELINES PROVIDED WITH THE PURCHASE.

• AF PRODUCTS ARE NOT INTENDED TO BE USED AND SHOULD NOT BE USED BY ANYONE UNDER 18 YEARS OF AGE. USER IS WHOLLY RESPONSIBLE FOR THE SAFETY OF AND/OR HAZARDS ARISING FROM THE USE OF AF CRAFTS.

• AF SHALL NOT BE UNDER, AND EXCLUDES TO THE FULLEST EXTENT PERMITTED BY LAW ALL LIABILITY TO USER FOR, ANY LIABILITY WHATSOEVER, FOR ANY CAUSE (INCLUDING OUR OWN FAULT OR NEGLIGENCE) OR IN RESPECT OF ALLEGED WARRANTIES, DEFECTS, DELAYS, SAFETY, AVAILABILITY OR CONSEQUENTIAL DAMAGES, AMONG OTHERS. AF SPECIFICALLY DISCLAIMS ANYAND ALL WARRANTIES, WHETHER IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

 

• ALL INTELLECTUAL PROPERTY RIGHTS SUBSISTING IN ANY AF PRODUCT ARE AND SHALL REMAIN THE SOLE PROPERTY OF AF AND ITS LICENSORS. YOU ARE NOT AUTHORIZED OR LICENSED TO, AND YOU SHALL NOT, PRODUCE, MANUFACTURE, COPY, SELL OR DESIGN SIMILAR GOODS, SERVICES OR APPS OR ANY OTHER DERIVATIVE WORKS BASED ON AF’S INTELLECTUAL PROPERTY RIGHTS.

 

 (The foregoing includes a summary of certain provisions in these Product Terms and Conditions; please also see the full text of these Terms and Conditions.)

 

These Product Terms and Conditions, and your Agreement with AF, incorporate and include the General Terms and Conditions, the Website Terms and Conditions, and the AF Privacy Policy, as well as any other terms or conditions located on this website and/or at https://www.creasepro.com/legal, and may be similarly revised by AF with or without notice. In event of a conflict between these Product Terms and Conditions and any other part of your agreement with AF, these Product Terms and Conditions shall control.

 

You acknowledge that AF has no obligation to enter into this Agreement, that AF reserves the right to restrict any User’s acquisition and any person’s ability to obtain AF Products, at its sole discretion, and that AF may terminate or revise this Agreement without prior notice.

 

DEFINITIONS

 

In these Product Terms and Conditions, unless otherwise stated explicitly and in addition to other terms defined throughout this Agreement, the following definitions shall apply:

 

"Force Majeure" means circumstances beyond the relevant party’s control, including acts of God, war, civil unrest, terrorist attack, strike, governmentally-declared pandemic, lock-out or other industrial action and transport or computer failure including any failure or breakdown of related systems upon which the Product or the production of AF Products is dependent;

“IPR” means any and all intellectual property rights including copyright, moral rights, database rights, know-how, and all other intellectual property and proprietary information rights as may exist now or hereafter come into existence; all modifications, continuations, renewals and extension of any of the foregoing arising under the laws of any country, state or jurisdiction in the world;

"Password" means the unique characters used, if any, to obtain access to portions of the AF Site;

"Delivery Date" means the estimated date of delivery for the AF Product being Purchased, as stated in the Purchase Form;

"Purchaser" or “User” means the party Acquiring or using the AF Product; and

"Purchase Fee" means the price of each AF Product, as amended from time to time in accordance with this Agreement.

 

To the greatest extent permitted by Minnesota law, all sales of AF Products are final and “as is”; and all costs of acquisition are non-refundable, in whole or in part, regardless of whether or when this Agreement is terminated.

 

The amounts payable by User under this Agreement are exclusive of all sales tax or other similar tax which (if applicable) shall also be paid by User. User shall pay all amounts payable by it under this Agreement free and clear of all deductions or withholdings unless the law requires a deduction or withholding. If a deduction or withholding is required by law, User shall pay such additional amount as will ensure that the net amount AF receives (after account is taken of any such deduction or withholding in respect of the additional amount) equals the full amount which it would have received had the deduction or withholding not been required. AF shall comply with all reasonable requests from User to file, or to provide User with, such forms, statements or certificates as shall enable AF or Purchaser to claim a reduced rate of tax or exemption.

 

Purchaser’s account shall be deemed delinquent if any invoiced amounts that are not disputed in writing and in good faith remain unpaid 25 days after the invoice date. AF shall be entitled to charge a fee to cover additional administrative costs in an amount equal to one and one-half percent (1-1/2%) of the outstanding delinquent amount per month, and to recover from Purchaser its costs and attorneys fees incurred to collect such delinquent amounts. In addition, AF reserves the right to deactivate or suspend Purchaser’s Purchase if Purchaser’s account remains delinquent more than thirty (30) days after payment is due.

 

LICENSE AND INTELLECTUAL PROPERTY RIGHTS

 

AF grants to Purchaser a limited, revocable, transferable, non-assignable, non-sublicense-able and non-exclusive license to access and use the IPR contained in, represented by or associated with the AF Product being Acquired (including but not limited to the appearance, design and other attributes of the AF Product being Purchased) (collectively, “the AF IPR”) for Purchaser’s personal use only on the terms of and for the duration of this Agreement. 

 

All AF IPR subsisting in or used in connection with the Acquisition or Product are and shall remain the sole property of AF and its licensors. User is not authorized or licensed to, and shall not, produce, manufacture, sell or design similar goods, services or crafts or any other derivative works based on AF’s IPR. All present and future rights in and title to such AF IPR are solely and exclusively reserved to AF.

 

Except as expressly permitted by this Agreement, Purchaser and its users shall not copy, duplicate, distribute, reverse-engineer, reverse-compile, disassemble, record, modify or otherwise reproduce any part of the Product, AF Site or AF IPR, nor attempt to do any of the foregoing, without obtaining prior written approval of AF.  Purchaser acknowledges that (1) the AF IPR and any modifications, compilations or derivative works, whether in tangible or intangible form and (2) any embodiments of the AF IPR that may be generated by User or others whether pursuant to or in violation of this Agreement are deemed to be the sole and exclusive property of AF.  Subject to the limited license granted to Purchaser by AF under this Agreement, AF reserves all of its right, title and interest in the AF IPR and any and all patent rights, copyrights, trademarks, trade secrets and all other IPR inherent in or in connection with AF Products and the AF Site. This Agreement is non-exclusive and AF may enter into similar agreements with other individuals or entities at its sole discretion.    

 

AF retains exclusive editorial control over AF Site and AF Products and may make administrative, editorial, artistic or operational decisions it deems necessary or helpful in the normal course of business.  

 

AF’S DUTIES

 

AF represents and warrants only that it will produce AF Products in a good and workmanlike manner. If an error, mistake or defect appears in the AF Products or on the AF Site, regardless of its origin or the extent of AF’s culpability or negligence therefor, your sole remedy and AF’s sole liability will be for AF, when reasonably practicable, to use reasonable efforts to repair or replace the Purchased AF Product in a manner that corrects the defect or error in AF’s reasonable discretion.

 

PASSWORDS AND REGISTRATION

 

AF shall provide authorized Users of the AF App each with a user ID and Password or other means of access to the AF App no later than ten business days following User’s payment of the applicable fee. In addition, to use the Site, you agree to provide, maintain, and update true, accurate, current, and complete information about yourself as and to the extent prompted by our registration processes (the “Registration Data”). If you provide any information that does not satisfy this provision, or we have reasonable grounds to suspect as much, we have the right to suspend or terminate your account and refuse any and all current or future use of the AF Site (or any portion thereof). You agree that AF may use your Registration Data to provide services on the Site or otherwise. 

 

If a password is lost or stolen, User must immediately notify AF in writing (the “Notice”), by e-mail to info@creasepro.com.  Upon receipt of the Notice, AF will, as soon as reasonably practicable under the circumstances, cancel the lost or stolen password. User will be responsible for all charges or damages related the password prior to its cancellation by AF. AF does not permit anyone other than a permitted User, acting with proper authority from AF, to access or use the AF App using a user ID or password.  User is responsible for preventing such unauthorized access or use. If User has reason to believe that any such unauthorized access or use has occurred, User must notify AF immediately by e-mail at info@creasepro.com

 

BILLING AND PAYMENT

 

AF Products are sometimes subscription-based services. If you choose to become a user of such an AF product, you must designate and provide information about your preferred payment method (e.g., credit card, online payment service) (“Payment Method”), and you will automatically be charged in advance for the next succeeding payment period (monthly, quarterly, or annual). You agree to pay all user fees and other charges incurred in connection with your username and password for your account. You may cancel your membership at any time in accordance with instructions set forth on the Site. No refunds will be granted upon cancellation. Some users of the Site may also have a separate written agreement between Crease Pro Inc. and any such user. For users with separate written agreements, the terms of any such separate written agreement will control over these Terms and Conditions to the extent of any inconsistency between the two.

 

PURCHASER’S DUTIES

 

Purchaser is responsible for obtaining, procuring and maintaining all hardware, software, intranets and or networks necessary for accessing AF Site. Purchaser also agrees to employ computer anti-virus software of a type comparable to current industry standards on all computer systems that access the AF Site.

 

Purchaser represents and warrants to us (i) that if you are a corporate entity, you are a duly incorporated entity in good standing under the laws of your jurisdiction of incorporation; (ii) all information provided by you in the Purchase Form is in all respects complete, truthful, and accurate; and (iii) that you are responsible for all your acts and omissions.

 

Purchaser represents and warrants that it shall at all times:

• Only use any AF Product for personal purposes;

• Not use any AF Product for anyone under the age of 18, not allow anyone under 18 to use any AF Product;

• Be wholly responsible for the use and safety of any AF Product, and all damages, injuries or costs arising therefrom;

• Fully insure Purchaser’s own risks arising from the use and possession of AF Products, including but not limited to the risk of loss in shipping and transport;

• Not copy the AF Product or part thereof or transfer, sell, loan, rent, lease or assign any AF IPR;

• Not duplicate, modify or distribute, reverse engineer, create derivative works of, decompile, disassemble, translate, transmit, arrange, modify, copy, bundle, sell, sub-license, export, transfer, loan, rent, lease, assign or adapt any portion of the AF IPR, nor merge or incorporate it with any other software nor permit any third party to do so, except solely to the extent permitted by applicable law;

• Maintain all security measures as may be reasonably required to prevent unauthorized access copying of the AF Site and other AF IPR;

• Not in any circumstances use, nor allow any third party to use, any automated software, process, program, robot, web crawler, spider, data mining, trawling, “screen scraping” or other similar software (regardless of whether or not the resulting information would then be used for its internal purposes) regarding the AF Site; and

• Comply with all Website Terms and Conditions; to the extent of any conflict, the provision most protective of AF’s property and rights shall govern;

• Promptly upon becoming aware of any breach of this provision notify AF thereof.

 

Purchaser shall immediately notify AF of any attempt of which User has knowledge by any person or entity: (1) to use, distribute, sell, sublicense or disclose any part of the AF Site, an AF Product, Event or AF IPR without authorization of AF or (2) to make an unauthorized copy or modification of, reverse assemble, reverse compile or to otherwise reverse engineer any part of the AF Site, an AF Product, Event or AF IPR.

 

Purchaser shall immediately notify AF upon learning of any potential infringement or misappropriation by third parties of any of Confidential Information or IPR of AF. AF shall have the sole right and discretion to institute and conduct any legal action against, and/or settlement with, any and all actual or potential third party infringers or misappropriators of Confidential Information or IPR of AF and Purchaser will cooperate with AF, at AF’s expense, in connection with any action taken by AF against such actual or potential infringers or misappropriators. AF shall have no obligation to Purchaser to institute suit against any particular infringer or misappropriator. Purchaser agrees that any infringement or misappropriation of IPR or Confidential Information of AF will cause AF irreparable injury and Purchaser will not contest preliminary or permanent injunctive relief in this case.  Any recovery of damages or attorney fees will belong to AF.

 

Purchaser agrees to indemnify, defend and hold harmless AF, AF’s licensors, and its or their respective officers, directors, employees, reporters, contributors, researchers, affiliates, subsidiaries, agents, successors and assigns, from and against any and all claims, suits, actions, demands, or proceedings and all damages, losses, costs, expenses or settlement fees incurred in connection with any of the foregoing (including reasonable attorneys’ fees and costs), arising out of or relating to (i) the breach of or default by Purchaser under any representations or warranties contained in this Agreement; (ii) non-compliance by with laws, statutes, rules, regulations, directives, or guidance of governmental or self-regulatory bodies anywhere in the world, or (iii) the infringement, misappropriation or other violation of copyrights, trademarks, trade secrets, rights of privacy or publicity or other AF IPR that may arise from or relate to the Purchase.

 

Purchaser acknowledges and accepts as reasonable that the undertakings given in these Product Terms and Conditions are of material importance to AF and that AF has entered into this Agreement in reliance on these undertakings. Purchaser acknowledges that the AF Product has been developed by AF through substantial amounts of work, time and expense. Accordingly, Purchaser acknowledges that without affecting any rights or remedies that AF may have, damages would not be an adequate remedy for any breach by Purchaser of the Product Terms and Conditions and that AF shall be entitled to the remedies of injunction, specific performance and other equitable relief for any threatened or actual breach of Product Terms and Conditions, and that no proof of special damages shall be necessary for the enforcement of this clause.

 

AF may terminate the License if Purchaser becomes insolvent; or enters into any kind of composition, scheme of arrangement, compromise or arrangement with its respective creditors generally (or any class of them) save for the purposes of a bona fide AF reorganization; or is unable to pay its debts; or is the subject of an order for the seizure of the assets or a substantial part thereof of that party made by any court having jurisdiction.

 

Termination for any reason shall not relieve Purchaser of its obligations to make any payments due to AF which are outstanding as at the date of termination.  Termination shall not affect any accrued rights of either party existing as at the date of termination.  Notwithstanding the termination of Purchaser’s Purchase for any reason, all other provisions of this Agreement shall remain in full force and effect, including but not limited to the General Terms and Conditions, Website Terms and Conditions and Privacy Policy.

 

LIABILITY

 

Without limitation to provisions limiting AF’s liability within the Website Terms and Conditions:

 

• AF and its agents produce AF Products in good faith; however, Purchaser acknowledges that AF does not guarantee the quality of any AF Product. Consequently, AF shall not be under, and excludes to the fullest extent permitted by law: (a) all liability for or any liability whatsoever, for any cause (including our own fault or negligence) or in respect of defects, delays, safety, availability or consequential damages, among others; (b) delays in providing the AF Product or non-availability thereof; or (c) Purchaser’s loss of profit, business revenue, goodwill and anticipated savings and other consequential and special damages. PURCHASER IS WHOLLY RESPONSIBLE FOR THE SAFETY OF AND/OR HAZARDS ARISING FROM THE USE OF AF PRODUCTS OR THE AF SITE.

 

Notwithstanding any other provision of this Agreement, neither party excludes or limits liability to the extent that the same may not be excluded or limited under governing law.

 

Purchaser and Users shall not remove, obscure, or deface any proprietary legend relating to AF’s rights on or from any tangible embodiment of the Purchase.  If Purchaser is permitted to make any copies of the Purchase in whole or in part, Purchaser shall mark all such copies with AF’s proprietary legends. 

                    

 

GENERAL

 

AF shall not be under any liability to any other party for any breach of this Agreement which arises by reason of Force Majeure.

 

Purchaser acknowledges that it is liable for the acts of Purchaser and representations made by Purchaser upon which AF relies in providing goods or services under this Agreement. Purchaser is further responsible and wholly liable for Purchaser’s compliance with all applicable law.

 

This Agreement is binding upon and shall inure to the benefit of the respective permitted successors and/or assigns of the parties hereto.

 

Each party shall refrain from using the other party’s brand, trademarks, logos, slogans, names or other indicia or identity for purposes of marketing and promoting its own products, unless otherwise permitted in a separate agreement. (AF may also use certain data from and regarding Purchaser for its own marketing and advertising, as provided in AF’s Privacy Policy.

 

Purchaser agrees that during the term of this Agreement and for a period of one (1) year after termination of this Agreement, Purchaser shall not solicit or hire, discuss employment or consultancy, or hire any employee of or contributor to of AF, either directly or indirectly, without written authorization of AF.

 

Purchaser shall not participate in the creation or sale of any other commercially available apps, software or other goods and services similar to AF Products for a period of four (4) years after the Purchase.  For the purpose of this sub-section, “creation and sale” includes the preparations for operating a business competing with AF including but not limited to formulation of a business plan, soliciting, interviewing or hiring employees, soliciting or obtaining financing, equipment or facilities. AF and Purchaser agree that violation of this covenant shall cause irreparable injury to AF and Purchaser will not oppose injunctive relief as recourse to such violation. AF shall be entitled to seek immediate injunctive relief in a court or agency of competent jurisdiction for breach of this provision without waiver of or regard for the dispute resolution procedures or the notice and cure provisions of this Agreement.

 

Website Terms and Conditions

 

 

PURPOSE AND INTENT

 

The AF Site is intended to allow Visitors to obtain information about AF and its work, obtain goods or services from AF, and/or complete a Profile and submit that Profile to AF. AF may, in its complete discretion, use the information in each Visitor’s Profile for the purposes contemplated herein, which include (without limitation) that AF may use that information to communicate with you for its and its permitted third-parties’ promotional and marketing purposes (although, to the extent stated in AF’s Privacy Policy, AF will not share the information in a Visitor Profile directly with a third-party except as that information may be anonymized and aggregated).

 

AF may (or may not), in AF’s complete discretion, use Visitors’ Profiles and the information therein to recommend or offer to Visitors various events, exercises and/or fitness activities in which Visitors may participate “(Events”); however, you agree that AF is not responsible in any way for any Event, attempted Event, or the conduct, participants or location thereof. AF does not guarantee that you will be offered any Event, and participation in any Event is in each Visitor’s sole discretion.

 

You acknowledge and agree that you are primarily responsible for your own safety and you share responsibility for the safety of other Visitors. You acknowledge that is the nature of fitness, exercise, games and sports that circumstances may change, and that an Event may or may not occur at the scheduled time, in the planned manner, or at all. Regardless of whether such factors are within the Company’s control, the Company does not guarantee that you will be invited to any Event, or that any Event to which you are invited will actually be practicable, safe or take place.

 

WAIVER AND RELEASE OF LIABILITY FOR PARTICIPATION IN EVENTS

 

You understand that participation in fitness, exercise, or Events will expose you and others to risks of injury and even death, including without limitation, injury from falling, contact, other participants and other associated activities. You understand that AF does not employ, supervise or otherwise exercise authority or control over any participant or bystander to an Event. 

 

In consideration for AF allowing Visitor to use the AF Site, Visitor to the greatest extent permitted under law assumes all risk of such participation and hereby releases AF and all its directors, officers, employees and agents from any and all claims for any injury of any kind to Visitor or other damages that may occur as a result of the Visitor’s use of the AF Site, participation in an Event, or use or consumption of any AF product or service, including without limitation any personal injuries, death or other damages that may be caused by the negligence of AF or negligence of any AF director, officer, employee, or agent (including without limitation negligently failing to adequately investigate or screen personnel), and agrees not to file any lawsuit or otherwise make any claim against AF or any AF director, officer, employee or agent for any such injury or other damages. 

 

To that end, further:

 

• In consideration of Crease Pro Inc. furnishing services to enable you to use the AF Site in connection with Events and activities including, but not limited to, strength and conditioning, fitness plans or routines, workout plans or routines, nutrition advice, meal plan, supplementation recommendations, rehabilitation plans, soft tissue or manual therapy work, or competition preparation routines. (“Activities”), you agree to the terms of this Waiver and Release of Liability (“Release”) as set forth herein.

 

• You attest, warrant and represent that you are physically fit and sufficiently trained to participate in the Activities and your participation therein is voluntary. You acknowledge that the Activities are inherently dangerous and accept the dangers of participating in the Activities and fully assume the risks associated with participation including, for example, the dangers of equipment failure, inadequate safety equipment, use of equipment or materials provided by others; your own negligence or that of others; and the possibility of serious physical and/or mental trauma or injury, or death associated with the Activities. For yourself, my heirs, executors, administrators, legal representatives, assignees, and successors in interest (collectively, “Successors”) you hereby waive, release, discharge, hold harmless, and promise to indemnify and not to sue, Crease Pro Inc. or its officers, directors, owners, members, shareholders, employees, agents, partners, joint venturers, representatives, investors, assigns, advertisers, sponsors, contributors, ambassadors, or affiliates (collectively, “Releasees”) from any and all rights, claims, and causes of action to the maximum extent permitted by law, which you have or which may hereafter accrue to you, and from any and all loss, cost, expense, and damages which may be sustained by you directly or indirectly in connection with, or arising out of, your participation in or association with any Activity.

 

• You attest, warrant and represent that you have no physical or medical condition which would endanger or interfere with the safety of myself or others while participating in any Activity.

 

• In consideration for AF allowing you to participate in the Activities, in connection with participation in any Activity, you hereby assume all risks and dangers, and all responsibility for any losses and/or damages, whether caused in whole or in part by the negligence or other conduct of any Releasee. You are also solely responsible for whether you will or will not wear a helmet or other protective gear or equipment.

 

INFORMATIONAL BETA SITE

 

The AF App is an initial, unfinished, incomplete and “beta-stage” Product. You understand that your use of the AF App is experimental, intended for demonstration, research and development and “proof of concept” purposes only.

 

It is the inherent and intended nature of AF and this AF Site to provide information and opinion, any of which may be and likely are based on incomplete information, developing or changing information or circumstances, or third-party sources who may or may not be acting in good faith. You acknowledge this nature; indeed, you acknowledge that part of the value you receive from AF and the AF Site is that we may provide such information.

 

THEREFORE, YOU EXPRESSLY AGREE THAT YOUR PARTICIPATION AS A VISITOR AND YOUR USE OF THE AF SITE IS AT YOUR OWN RISK. THE AF SITE IS PROVIDED ON AN “AS IS” BASIS AND WITHOUT ANY WARRANTY, PROMISE OR CONDITION OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. WE DO NOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE AF SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTIES  OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AS WELL AS ANY WARRANTY OR REPRESENTATION WHATSOEVER REGARDING THE OPERATION OF THE AF SITE, THE AVAILABILITY, ACCURACY OR CONTENT OF ANY INFORMATION, SERVICES, PURCHASE OR SUBSCRIPTIONS PROVIDED OR AVAILABLE THROUGH OR IN CONNECTION WITH THE AF SITE, AND/OR ANY RESULTS OBTAINED THROUGH THE USE THEREOF. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

 

Neither AF nor the AF Site provide legal, financial, accounting, professional, medical, investment or other expert advice. You expressly agree that AF is not your fiduciary and owes you no fiduciary, expert, professional or heightened duty.

 

We do not warrant that your use of the AF Site will be accurate, reliable, secure, uninterrupted, always available, or error- free, that any defects in the AF Site will be corrected, or that the AF Site is free of viruses or other harmful components. AF is not responsible for the conduct, whether online or offline, of any Visitor or other user of the AF Site. You are solely responsible for your interactions with other Visitors and users of the AF Site. By using the AF Site, you agree to assume such risks.

 

OWNERSHIP, INTELLECTUAL PROPERTY, AND CONTENT

 

AF, the name “Crease Pro,” and all of AF’s related content, tangible expressions, trade names, trademarks, moral rights, inventions, discovery, AF IPR and any other form of intellectual property of any kind, generated by AF or by your use of the AF Site, in the past or future and in any medium, are the property of AF. By this Agreement, AF grants you only a limited license within the United States to use the AF Site only as a Visitor consistent with and limited by the Terms of this Agreement. You may not assign, sublicense, or hypothecate this license.

 

Such license, and your right to use the AF Site, may be terminated by AF in its complete discretion at any time for any reason; and shall automatically and immediately terminate upon your breach of this Agreement or upon the termination of this Agreement for any reason. Upon the termination of this license, you shall retain no rights of any kind to use the AF Site or any AF intellectual property.

 

By using the AF Site and by being a Visitor, you agree that any feedback, comments or information, anywhere, about your experience on the AF Site or your use and enjoyment of AF Products (“Feedback”) that you provide will become the property of AF and you agree that AF may use or otherwise exploit all or part of your Feedback or any derivative thereof in any manner or media now known without any further remuneration, compensation or credit to you. You represent and warrant that you have right to assign and grant the rights set forth herein, and that any Feedback which is provided by you hereunder is original work made solely by you and does not infringe any third-party intellectual property rights.

 

Opinions, advice, reviews, statements, offers, or other information or content concerning AF, Events, the AF Site, Visitors or made available through the AF Site, but not directly by AF, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Under no circumstances will we be responsible for any loss or damage resulting from, or from your reliance on, information or other content posted on the AF Site or otherwise. We reserve the right, but we have no obligation, to monitor the materials posted on the AF Site and to remove any such material that in our sole opinion violates, or is alleged to violate, the law or this Agreement or which might be offensive, illegal, or harassing, or that might violate the rights, harm, or threaten the safety of Visitors or others.

 

TRAINERS AND INSTRUCTORS

 

Under some circumstances, fitness instructors, educators, group exercise leaders or fitness or athletic trainers (collectively, “Trainers”) may (or may not), in their discretion, use the AF Site on some other AF Product. Such Trainers are independent of AF and do not represent or work for AF. The Company has no control over the actions, inactions, omissions and decisions of Trainers, or the quality and safety of their actions and interactions with Users. 

 

In addition, AF is not responsible in any way for any gathering, conversation or other interaction which may occur before, after, or in relation to an Event, regardless of whether such interaction was initiated by a Trainer or a User. Such interactions are outside of the scope of The Company’s activities.

 

We cannot guarantee that each Trainer is who he or she claims to be. Please use common sense when using the AF Site, exercising or participating in an Event, or heeding the instructions of a Trainer: you are solely responsible for your conduct and safety. Please note that there are also risks of dealing with underage persons or people acting under false pretense, and we do not accept responsibility or liability for any content, communication or other use or access of the AF Site by persons under the age of 18 in violation of this Agreement. 

 

 

VISITOR REPRESENTATIONS AND WARRANTIES

 

You represent, warrant and agree that, regarding your use of the AF Site and your participation in any Event, that:

• You are age 18 or older and fully and legally capable of understanding and agreeing to these Terms;

• You voluntarily and knowingly assume and accept any and all risks associated with your use of the AF Site and participation in an Event;

• You waive any and all claims you may have against Trainers, and against The Company based on the actions, omissions or negligence of Trainers, regardless of the cause of action, whether in law or equity, and

• You will indemnify, defend and hold harmless AF from and against any and all losses, costs or damages, including attorney fees, directly or indirectly arising from or related to (a) your use of the AF Site or an AF Product or your participation or attempted participation in an Event, and (b) any breach by you of this Agreement.

 

 

RESTRICTED ACTIVITIES

 

With respect to your use of the AF Site, your use and license of a Product or your participation in an Event, you agree, represent and warrant that you will not:

• impersonate any person or entity, or create or use any “fake” account, or create a Profile with inaccurate, untruthful or fictitious information about you or any other purported person;

• stalk, threaten, or otherwise harass any person, or carry any weapons;

• violate any applicable law, statute, rule, permit, ordinance, regulation, or rule of an event or any applicable Code of Conduct;

• interfere with or disrupt the AF Site, or the operations of AF;

• post information or interact on the AF Site, or use the AF Site, or behave at an event, in a manner that is fraudulent, libelous, abusive, obscene, profane, sexually oriented, harassing, or illegal;

• use the AF Site in any way that infringes AF’s or any third party’s rights, including: IPR, copyright, patent, trademark, trade secret, confidentiality or other proprietary rights or rights of publicity or privacy;

• post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;

• “frame” or “mirror” any part of the AF Site, without our prior written authorization, or use meta tags or code or other devices containing any reference to us in order to direct any person to any other web site for any purpose;

• modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the AF Site, AF’s IPR or any software used on or for the AF Site;

• rent, lease, lend, sell, redistribute, infringe, license or sublicense the AF Site or access to any portion of the AF Site or any other AF intellectual property;

• use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation, of the AF Site or its contents;

• transfer or sell your Visitor account, password and/or identification to any other party;

• discriminate against, taunt or insult, bully or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or any category or distinction protected by applicable law; or

• cause any third party to engage in the restricted activities above.

 

DISPUTES

 

To the extent permitted by applicable law, you must give Notice of any dispute or Claim against AF at least 90 days before pursuing or filing any other remedy in law or equity. “Notice” by you, for purposes of this Agreement, means a writing delivered to AF by certified mail, including the claimant’s name, address, daytime telephone number, email address, and a reasonably complete statement of the nature of and grounds for the Claim. Such complete and timely notice is a condition precedent to your right to pursue any remedy or Claim against AF. Any Notices to you shall be provided to you through the AF Site or given to you via the email address or by regular mail to the physical address you provide to AF during the registration process.

 

YOU AND AF MUTUALLY AGREE TO WAIVE OUR RESPECTIVE RIGHTS TO RESOLUTIONOF DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTE BY ARBITRATION, as set forth below. This agreement to arbitrate (“Arbitration Agreement”) is governed by the Federal Arbitration Act and survives after this Agreement terminates or your relationship with AF ends. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. Except as expressly provided below, this Arbitration Agreement applies to all Claims (defined below) between you and AF, including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders. 

 

Except as expressly provided below, ALL DISPUTES AND CLAIMS BETWEEN US (EACH A “CLAIM” AND COLLECTIVELY, “CLAIMS”) SHALL BE EXCLUSIVELY RESOLVED BY BINDING ARBITRATION SOLELY BETWEEN YOU AND AF. These Claims include, but are not limited to, any dispute, claim or controversy, whether based on past, present, or future events, arising out of or relating to: this Agreement and prior versions thereof (including the breach, termination, enforcement, interpretation or validity thereof), the AF Site, AF Products, an Event, any other goods or services made available through the AF Site, a Purchase, your relationship with AF, the threatened or actual suspension, deactivation or termination of your User Account or this Agreement, payments made by you or any payments made or allegedly owed to you, any promotions or offers made by AF, any city, county, state or federal wage-hour law, trade secrets, unfair competition, compensation, breaks and rest periods, expense reimbursement, wrongful termination, discrimination, harassment, retaliation, fraud, defamation, emotional distress, breach of any express or implied contract or covenant, claims arising under federal or state consumer protection laws; claims arising under antitrust laws, claims arising under the Telephone Consumer Protection Act and Fair Credit Reporting Act; and claims arising under the Uniform Trade Secrets Act, Civil Rights Act of 1964, Americans With Disabilities Act, Age Discrimination in Employment Act, Older Workers Benefit Protection Act, Family Medical Leave Act, Fair Labor Standards Act, Employee Retirement Income Security Act (except for individual claims for employee benefits under any benefit plan sponsored by AF and covered by the Employee Retirement Income Security Act of 1974 or funded by insurance), and state statutes, if any, addressing the same or similar subject matters, and all other federal and state statutory and common law claims. All disputes concerning the arbitrability of a Claim (including disputes about the scope, applicability, enforceability, revocability or validity of the Arbitration Agreement) shall be decided by the arbitrator, except as expressly provided below.

 

BY AGREEING TO ARBITRATION, YOU UNDERSTAND THAT YOU AND AF ARE WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL CLAIMS, EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS ARBITRATION AGREEMENT. This Arbitration Agreement is intended to require arbitration of every claim or dispute that can lawfully be arbitrated, except for those claims and disputes which by the terms of this Arbitration Agreement are expressly excluded from the requirement to arbitrate.

 

Arbitrations shall be administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Claims shall be heard by a single arbitrator. The place of arbitration shall be St. Paul, Minnesota, USA. The arbitration shall be governed by the laws of the State of Minnesota. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.

 

YOU UNDERSTAND AND AGREE THAT YOU AND AF MAY EACH BRING CLAIMS IN ARBITRATION AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT ON A CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE BASIS (“CLASS ACTION WAIVER”). YOU UNDERSTAND AND AGREE THAT YOU AND AF BOTH ARE WAIVING THE RIGHT TO PURSUE OR HAVE A DISPUTE RESOLVED AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING. NOTWITHSTANDING THE FOREGOING, THIS SUBSECTION (B) SHALL NOT APPLY TO REPRESENTATIVE PRIVATE ATTORNEYS GENERAL ACT CLAIMS BROUGHT AGAINST AF, WHICH ARE ADDRESSED SEPARATELY IN SECTION 17(C).

 

The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on any basis other than an individual basis. The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on a class, collective, or representative basis. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claims.

 

LIMITATION OF LIABILITY

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO INSTANCE SHALL AF, ITS EMPLOYEES, AGENTS, ATTORNEYS, CONSULTANTS, CONTRIBUTORS OR CONTRACTORS BE LIABLE UNDER THIS AGREEMENT FOR ANY CONSEQUENTIAL, SPECIAL, LOST PROFITS, INDIRECT OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, DAMAGE FOR EXPOSURE OF PERSONAL OR IDENTIFYING INFORMATION, LOSS OF BUSINESS, COST OF COVER WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF AF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN ANY INSTANCE, AF’S, ITS EMPLOYEES’, AGENTS’, ATTORNEYS’, CONSULTANTS’, CONTRIBUTORS’ OR CONTRACTORS’ AGGREGATE LIABILITY UNDER THIS AGREEMENT FOR ANY CLAIM SHALL BE STRICTLY LIMITED TO $100.00. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. You acknowledge that AF has entered into this Agreement in reliance upon the limitations of liability set forth herein and that the same is an essential basis of the bargain between the parties.

 

OTHER TERMS

 

These Terms, and this Agreement, incorporates and includes the AF Privacy Policy, located below and/or at https://www.creasepro.com/legal. Your agreement to these Terms incorporates your agreement and consent to that Privacy Policy.

 

We agree and deem that all performance by AF under this Agreement occurs in the United States. If you are not located in the United States, or transfer your data through another country, you are not permitted to use the AF Site.

 

This Agreement shall be governed by the laws of the State of Minnesota without regard to choice of law principles. If any provision of this Agreement is or becomes invalid or non- binding, the parties shall remain bound by all other provisions of this Agreement. In that instance, the parties shall replace the invalid or non-binding provision with provisions that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid or non-binding provision, given the contents and purpose of this Agreement. AF may assign this Agreement, in whole or in part, in its discretion. Visitor shall not assign any of its rights, obligations or benefits under this Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. The words “include”, “includes” and “including” are deemed to be followed by the words “without limitation”. A party’s failure to act with respect to a breach by the other party does not constitute a waiver of the party’s right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between you and AF with respect to the subject matter hereof and supersedes all previous understandings and agreements between the parties, whether oral or written.

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