Last Updated 10/20/2020
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 KrowdFit, Inc. 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.
- 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. For individual member subscriptions the service begins when you enter your credit card and begin your subscription. We will charge you the fee stated 30 days after you sign up (first 30 days are free) 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.
- 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.
Terms for Paid Services
- Free Access. For individual access. The KrowdFit service is offered free of charge to members not sponsored by an employer or self-pay subscription (see Terms for Paid services). Free members may participate in the KrowdFit Sweepstakes by agreeing to the terms of service and this member agreement.
- Employer/sponsor provided access. Your employer/sponsor may pay for all or part of your member access, in these cases a credit card may or may not be required. You will be eligible to receive subscriber member benefits for as long as you meet your employer/sponsor conditions of membership and your employer continues to provide access to the KrowdFit services.
- Paid Services Paid Services include content and personalized, interactive services. They may be one-time purchases or automatically renewing subscription services, like our KrowdFit Premium and BringIT Challenge Services (“Subscriptions”). We may make changes to, suspend, or discontinue Paid Services at any time for any reason, and we have the sole discretion to determine which portions of the KrowdFit Service require payment.
- Subscriptions Automatically Renewing Subscriptions. Your Subscription term may vary, for example, with monthly or annual automatic renewal terms (a “Subscription Term”), as described in the course of your transaction. Your Subscription will automatically renew for additional Subscription Terms as long as your Subscription continues, until you cancel it or we suspend or stop providing the Subscription in accordance with our Terms of Service. Unless otherwise indicated by us, you will be charged prior to, or at the beginning of, each renewal term. Before charging you for a Subscription Term, we will notify you of the applicable fees, and the renewal will occur at the price then in effect for the Paid Service. You may cancel your Subscription at any time. Your cancellation will take effect at the end of the current Subscription Term. In the event you cancel your Subscription, note that we may still send you promotional communications about KrowdFit, unless you opt out of receiving those communications by following the unsubscribe instructions provided in the communications.
- No Refunds on Subscriptions. When you cancel a Subscription, you cancel only future charges for your Subscription. You will not receive a refund for the current Subscription Term you paid for, but you will continue to have full access to that Subscription until the end of that current Subscription Term. At any time for any reason, we may provide a refund, discount, or other consideration (“credits”) to some or all of our users. The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future.
- Free Trials. From time to time, we may offer free trials of certain Subscriptions for specified periods of time without payment. If we offer you a free trial, the specific terms of your free trial will be provided in the marketing materials describing the particular trial. Once your free trial ends, we (or our third-party payment processor) will begin billing your designated payment method on a recurring basis for your Subscription (plus any applicable taxes and other charges) for as long as your Subscription continues, unless you cancel your Subscription prior to the end of your free trial. Instructions for canceling your Subscription are described in the sections above. To avoid any charges, you must cancel your Subscription before the end of your free trial period. Before charging you at the end of the your free trial period, we will notify you of the applicable fees.
- Price Changes. We reserve the right to adjust pricing for our Paid Services or any components thereof in any manner and at any time. Any price changes will take effect following notice to you.
- One-time purchases Certain Paid Services are one-time purchases, and not subscription-based. One-time purchases may not be canceled and you are not entitled to a refund for such services.
- Payment and Billing. You authorize KrowdFit to charge your chosen payment method for the Paid Services. By providing a payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your purchase (including any applicable taxes and other charges). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Paid Service may be suspended or canceled. You must resolve any problem we encounter in relation to the payment method you select in order to proceed with your use of the Service. Please note that if you accept a promotional offer or make changes to your Paid Services, the amount billed may vary. It may also fluctuate due to changes in applicable taxes or currency exchange rates. You authorize us (or our third-party payment processor) to charge your payment method for the corresponding amount.
- Representatoins, Warranties, and Covenants Any Paid Services are personal to you and may not be used by any other person. You will not allow anyone else to use your Paid Services, and you will not transfer any Subscription or disclose your password to any other person. You will report to KrowdFit any unauthorized or prohibited use of your Paid Services.
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.