Subscription Member Agreement
Last Updated 03/08/2016
NOTICE: BY ENROLLING IN THE KROWDFIT HEALTH AND WELLNESS REWARDS PROGRAM, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS MEMBER AGREEMENT AND THAT YOU AGREE TO BE BOUND BY ALL OF ITS TERMS. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THEN YOU CANNOT PARTICIPATE IN THE PROGRAM AND YOU SHOULD NOT CLICK THE "SIGN IN" OR "SIGN UP" BUTTON OR LINK TO COMPLETE THE REGISTRATION PROCESS.
This Agreement constitutes a legally binding agreement between KardioFit, Inc., d/b/a KrowdFit a Delaware corporation ("KrowdFit"), and each individual who registers in the KrowdFit Program, as described below (the "Program"), by completing the registration form on the KrowdFit website ("you" or the "Member"). As used in this Agreement, the terms "we" and "us" mean KrowdFit, and the term "our" means KrowdFit’s.
This Membership Agreement sets forth the relationship between you and us relating to the Program. You have to accept the terms of this Agreement in order to become a subscribing KrowdFit member. By enrolling as a KrowdFit member, you agree to these terms and conditions and that your use of this site and your participation in the Program is subject to this Agreement. By clicking the "Sign In" or "Sign Up" button or link, you also acknowledge that you have had an opportunity to review the KrowdFit Privacy Statement or that it has been made available to you.
- Void where prohibited.
- Eligibility. Members must be legal residents of the 50 United States, Washington, D.C., Canada (excluding Quebec) and Puerto Rico who, at the time of participation, are legal employees or dependents of KrowdFit clients at least 13 years old who have Internet access and whose email address was provided to KrowdFit by their employers (“KrowdFit Client Employees”), or legal residents at least 13 years old of Washington, D.C., Canada (excluding Quebec), Puerto Rico, or the states of the 50 United States, who, at the time of participation, are not KrowdFit Client Employees but are at least 13 years old who have Internet access and a valid email address, and are the authorized account holders of such email addresses (individually and collectively, “Consumer (s)”), provided that their participation is not prohibited by applicable law (individually and collectively, “ Eligible Entrant (s) ” or “ Entrant (s) ”) or as provided herein.
- Registration. You represent that you are at least 13 years old and are a legal resident of the United States, its territories and possessions (including Puerto Rico), or Canada (excluding Quebec). You agree that it is your responsibility to keep your Member information current, complete and accurate by periodically updating your information in the appropriate section of our website.
- License. Subject to this Agreement, we hereby grant you a non-exclusive, non-transferable license (without the right to sublicense) for as long as you participate in the Program and adhere to this Agreement, to participate in the Program. You agree that you obtain no rights other than the rights and licenses expressly granted in this Agreement.
- Fees and Billing. Payment for the appropriate Individual "Krowd" or "KREW" services will be made in advance by you via automatic credit card as an Individual Member. If the payment method fails at any time for any reason, whether or not we choose to terminate your membership, you will not be eligible to receive any of the benefits of membership, including the right as a member to use and access the Program, or receive sweepstakes entries until such time you provide us with a valid payment method. From time to time KrowdFit may offer prospective members a free trial offer. If a free trial period is offered, a person may sign up for only one free trial.
- Sweepstakes. If you intend to participate in any of KrowdFit's sweepstakes, you need to review the Official Rules for each sweepstakes. Those Rules will govern your participation in the sweepstakes. The Official Rules for each sweepstakes can be found at the KrowdFit website: www.krowdfit.com.
- Bring Your Own Device (BYOD) Month to Month Cancellation. The service begins when you enter your credit card and begin your subscription. We will charge you the fee stated at the time of sign up (if no free trial is offered) and then monthly until you cancel. Once the fee has been charged, that charge is final and no refund or proration is available. The fee is subject to change—but we’ll always notify you beforehand. You can cancel anytime by visiting your Subscription page or contacting Customer Support. Once you cancel we will no longer charge your card. Your access to KrowdFit will stop immediately and no refunds or prorations will be made. We will not send you an email. You will be able to re-subscribe at a later date.
- Device Bundle Cancelation, Guarantee & Refunds. Unless stated otherwise, all KrowdFit Bundle products carry at least a 30-day Money-Back Guarantee (less shipping and handling) from the date of registration. If your subscription is cancelled and the tracking device is returned to KrowdFit within 30 days of purchase in original condition, KrowdFit will issue you a full refund based on your method of payment and you will have no further obligation. Products must be packed in their original packaging including all accessories, manuals, and documentation. You will be responsible for, and pre-pay, all return shipping charges and shall assume all risk of loss or damage to product while in transit to KrowdFit. We recommend that you use a traceable method of shipping for your protection. We will not be responsible for any loss or damage to the item in transit. If returned products are lost or damaged in transit, we reserve the right to charge you (or not to refund any amounts attributable to) such loss or damage. However, if you cancel after the 30-Day Money Back Guarantee period then the Cancellation Fee is due in full upon making the cancellation request. The Cancellation Fee consists of the remaining months of a 12 month subscription times the monthly subscription rate. If you continue beyond the 12 month term and cancel after month 13 there is no Cancellation Fee due. Subscription and Cancellation Fees are set from the date of purchase.
- Early Cancellation. To cancel e-mail the KREW at KrowdFit and request your account be cancelled. If you choose to cancel, all your membership benefits will cease within 24 hours of cancellation. Please note, cancellation after the 30-Day Money-Back Guarantee period and before the 12 month subscription ends will require you to pay a Cancellation Fee. The Cancellation Fee consists of the remaining months of a 12 month subscription times the monthly subscription rate. Subscription and Cancellation Fees are set from the date of purchase. The Cancellation Fee consists of the remaining months of a 12 month subscription times the monthly subscription rate.
- Cancellation at end of Subscription. After the end of your initial 12 month subscription period, KrowdFit will continue to charge you on a monthly basis at the then month to month BYOD subscription rate, at which point you can cancel anytime without further obligation.
- Policies. You agree to comply with this Agreement, and all other policies, rules and terms and conditions as set forth in the Program materials, including materials found on websites of Participating Merchants, either in print or on our website (collectively, the "Policies"). The Policies, including any amendments which may be made from time to time, are hereby incorporated by reference into this Agreement. We may modify this Agreement or the Policies at any time upon notice given in accordance with this Agreement. This Agreement and the Policies as so amended will be posted on our website, and your continued use of the Program thereafter will constitute your affirmative acceptance of any such amendment and your agreement to the terms thereof. You also acknowledge and agree that any information you provide to a Participating Merchant is subject to that Participating Merchant's own privacy and data collection policies.
Discontinuation or Suspension of Use.
We may, in our sole discretion, at any time and without prior notice:
- change the Participating Merchants;
- change, discontinue or limit access to the Program or any functionality, feature or other component of the Program; or
- suspend or terminate your use of or access to all or part of the Program upon giving you notice of such suspension or termination.
- in the event that any dues owing to us remain unpaid after ninety (90) days, suspend or terminate your use of or access to all or part of the Program and/or refer the matter to a collections agency.
If you chose to enter a sweepstakes that KrowdFit may offer from time to time you may, subject to the Official Rules of the sweepstakes, be eligible to win cash prizes.
Use of Information
You acknowledge that in order to administer the Program, we will collect information about you and your purchases from Participating Merchants. You authorize us to use any such information and to disclose such information (a) to our representatives and agents, (b) to third parties, where necessary or convenient for transfer or redemption of your accumulated Cash Back or otherwise in connection with the Program, (c) to comply with requests, orders or subpoenas from courts of law or any regulatory, legislative or administrative bodies and (d) otherwise in accordance with the terms of the KrowdFit Privacy Statement on our website. You represent that you have full authority to register the credit or debit card you register for payment for the Program and to receive information about the transactions effected using such cards, accounts or identifiers.
Termination; Expiration or Forfeiture of Rewards Accounts.
This Agreement is effective when accepted by you, and will remain in effect and legally bind you and us until you or we terminate your membership in the Program. You may terminate your membership in the Program at any time in accordance with the procedures established on our website from time to time. We may terminate your membership in the Program without cause immediately after notice to you of such termination at any time.
Upon any termination of this Agreement, your right to use and access the Program, to earn rewards, and to receive award payments will terminate while other sections of this agreement will survive in accordance with their terms. Subject to the limitations set forth in this Agreement, termination will not prejudice either your or our remedies at law or in equity.
Member and Account Guest Instructions.
We may rely on your oral and electronic instructions. In addition, you consent to the monitoring and recording of your telephone conversations with us for training or compliance purposes or to provide a record of your instructions. You agree that we will not be liable for honoring oral instructions received from any person claiming to be you, provided reasonable verification procedures have been followed. We may follow any instructions received by electronic means through the KrowdFit website just as if you had given such instructions in person, regardless of whether or not you have personally initiated such instructions.
You consent to the receipt of all reports, transaction confirmations, account statements, correspondence and other information from us electronically through either (i) access to your Rewards Account on our website or (ii) the email address provided by you to us. You are responsible for updating your email address if it changes by logging into your account at www.krowdfit.com and updating your communication preferences on our website. We will not be responsible for your inability to connect to the Internet or to access the KrowdFit website or otherwise not to receive electronic communications. Electronic communications are presumed to be delivered to and received by you when sent by us, whether actually received or not. You acknowledge that you have access to hardware and software meeting the system requirements set forth on the KrowdFit website necessary to receive from us correspondence and records in electronic form. You may withdraw the consent to have those records provided or made available in electronic form by mailing written notice to KrowdFit Inc. Such request will be made by mailing a written request to: Attn: KrowdFit Wellness Rewards Program 227 Bellevue Way NE, Suite 701, Bellevue, WA 98004. If you withdraw such consent, we reserve the right to terminate this Member Agreement.
You may not assign your rights and obligations under this Agreement, in whole or in part, without our prior written consent, and any such assignment without such consent will be null and void. We may assign our rights and obligations under this Agreement, in whole or in part, without your consent. This Agreement will inure to the benefit and burden of the parties hereto and their permitted successors and assigns.
Any notice by one party hereto to the other will be in writing (which may include email) and either personally delivered, delivered by Internet email, or sent via reputable overnight courier or certified mail, postage prepaid and return receipt requested. Notices will be sent to you at the Internet email address or the mailing address specified in your account profile and to us at 227 Bellevue Way NE, Suite 701, Bellevue, WA 98004, Attn.: Member Services, or any other address of which either party hereto may from time to time notify the other in accordance with this Section 22. All notices will be in English and will be deemed effective on the date of personal delivery, upon confirmation of email transmission, upon signed receipt from an overnight courier, or five days after deposit with the U.S. Postal Program.
You acknowledge and accept that any breach of this agreement is likely to irreparably harm us and will not be susceptible of cure by monetary damages. Consequently, if you breach any provisions of this agreement, then we will be entitled to obtain injunctive or other equitable relief in addition to any remedies we may have at law.