2. Use License
- Permission is granted to temporarily download one copy of the materials (information or software) on Barreroom onDemand’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on Barreroom onDemand’s website;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or “mirror” the materials on any other server.
- This license shall automatically terminate if you violate any of these restrictions and may be terminated by Barreroom onDemand at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
- The materials on Barreroom onDemand’s website are provided on an ‘as is’ basis. Barreroom onDemand makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
- Further, Barreroom onDemand does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
In no event shall Barreroom onDemand or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Barreroom onDemand’s website, even if Barreroom onDemand or a Barreroom onDemand authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Account Conditions
Age RequirementsBarreroom onDemand‘s services are not intended for anyone under the age of 18. If you are 13 to 17 years of age, you may only access and/or use any Barreroom onDemand services under the guidance of a parent or guardian. Barreroom onDemand is not directed toward children under 13 years of age, nor do we knowingly collect information about children under 13. If you are under 13 years of age, you are not permitted to submit any personally identifiable information to us. If we find out you are under the age of 13 years of age, your account will be cancelled immediately.
Creating a Barreroom onDemand account requires you to enter personal information such as a username, password, location information for taxes, and billing information. You agree to provide and maintain accurate, current and complete information for your accounts, including as applicable, your name, contact, and payment information. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name or likeness, or if applicable, provide false details for a parent or guardian. You agree that we may take steps to verify the accuracy of information you provide.
We have adopted and implemented a policy that provides for the suspension or termination, in appropriate circumstances and in our sole and absolute discretion, of the accounts of users who violate these terms, are repeat infringers of copyright, or engage in, encourage or advocate for offensive, abusive, or illegal conduct. You are responsible for maintaining the confidentiality of your username and password, and you are responsible for all activities under your account that you can reasonably control. You may not share your password or other login information with any person; Any use of your account by any person other than yourself is grounds for suspension or termination of your account. You agree to promptly notify us of any unauthorized use of your username, password or other account information, or of any other breach of security that you become aware of involving your account or the Barreroom onDemand platform. You agree not to use the account, username or password of any other account holder at any time. Barreroom onDemand will not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge.
When you provide any information to us for any reason, such as to sign up for an offer or purchase our Barreroom onDemand Services, you agree to only provide true, accurate, current, and complete information. By providing any credit card or other payment card information to us, you represent that such payment information is correct, and belongs to you or you have the authority to use such payment card. In the case of e-mail, you must provide an accurate email address that is registered to you. You are responsible for promptly updating your information with any changes, especially to keep your billing information current. You must promptly notify us if your payment card is cancelled (for example, for loss or theft). Changes to such information can be made by contacting Customer Service at [email protected]. To help keep your account current and prevent service interruption, you acknowledge Barreroom onDemand may update your payment card information on file when it is set to expire or based on updates it receives from the bank that issues your payment card. You agree that your placement of an electronic order on our websites is sufficient to satisfy any applicable Statute of Frauds, and no further writing is required.
6. Subscription-Based Products and Automatic Renewal
We offer services on an automatic or subscription basis, so you can enjoy all the benefits of our services without interruption. If you choose this option at the time of your purchase, you agree such products/services will automatically renew at the frequency disclosed to you at the time of your initial purchase (i.e., monthly, biannually or annually, etc.). By choosing the automatic subscription option, you acknowledge and agree your subscription will automatically renew, and unless and until you cancel, you authorize us to charge your payment card for the products/services you continue to purchase, plus applicable shipping and handling, and taxes.
If you purchased a subscription with a free trial period, you authorize us to charge your payment card when the free trial period ends, unless you cancel your subscription before the free trial period ends, and you will not receive a notice from us that your free trial period has ended. The charges will typically occur on or around the same day of the month as your initial purchase, although some charges may be delayed for business or legal reasons. Your automatic subscription will continue until you or Barreroom onDemand cancels your order. If there are any changes to your subscription terms, such as pricing, frequency, date of charge or any other items, we will take commercially reasonable efforts to inform you in writing of such change. Subject to the Buyer’s Right to Cancel below for the initial automatic subscription purchase, you may modify or cancel your subscription through your account under account>subscriptions>cancel, or by contacting us at [email protected]
If you are an active, paid subscriber of Barreroom onDemand, you will be able to access a variety of exercise programs, and gain access to related digital-only program materials, such as workout videos, nutrition guides, and more. Barreroom onDemand memberships are not transferable and may only be used by the individual who signed up for the account. If you cancel your membership, you will no longer have access to any content through Barreroom onDemand, unless otherwise stated.
Cancelling Your Account
You have the right to cancel your account at any time. Instructions to cancel your account are located in our FAQs, or can be done by accessing your account under account>subscriptions>cancel. If you have any questions about cancelling your account, please contact us at [email protected].
Only one free trial of any length is permitted per person. Barreroom onDemand will terminate without refund any account or user that attempts to use more than one free promotional period. You may not re-activate your account and use a promotional coupon to gain a second free trial.
If you voluntarily cancel your subscription, you may reactivate it through the Account page on Barreroom onDemand. Your account username is the email address used for initial sign-up.
For purchases where transaction tax is applicable you will see the tax calculated on the checkout page before you are asked to confirm the purchase. Tax shown at checkout is an estimate and the actual tax collected may differ once we process the order. We use commercially reasonable efforts to calculate and remit the correct amount of tax required on each taxable purchase, but we do not guarantee the accuracy of the amount of the tax represented as owed. Minor errors may occur owing to the inability to accurately track multiple taxing districts, state and local “tax holidays,” and timing of rate changes or the application of certain taxes to categories of items we sell. As a result of any error, we may over-collect or under-collect your tax. In consideration of our allowing you access to the use of the Barreroom onDemand Services, and in collecting and remitting taxes required on your purchases, you hereby waive your right to claim that the tax collected on any purchase is incorrect in any respect and you agree to hold us, our officers, directors, employees, agents and representatives, harmless from and against any claim, action, demand, loss, suit, or damages (including attorneys’ fees) made or incurred as a result of our error in calculating the taxes you owe for your purchases.
7. Accuracy of materials
The materials appearing on Barre Room On Demand ’s website could include technical, typographical, or photographic errors. Barreroom onDemand does not warrant that any of the materials on its website are accurate, complete or current. Barre Room On Demand may make changes to the materials contained on its website at any time without notice. However Barre Room On Demand does not make any commitment to update the materials.
8. Fitness & Nutrition Content
Physical Liability Release
Because physical exercise can be strenuous and subject to risk of serious injury, / Barreroom onDemand urges you to obtain a physical examination from a doctor before beginning any exercise or training program. You agree that by participating in these physical exercise sessions or fitness classes, you do so entirely at your own risk.
This includes, without limitation, (a) your use of all amenities and equipment in any off-site location and your participation in any activity, class, program, personal training or instruction, (b) the sudden and unforeseen malfunctioning of any equipment, (c) our instruction, training, supervision, or dietary recommendations. You agree that you are voluntarily participating in these activities and use of these facilities and premises and assume all risks of injury. You expressly agree to release and discharge Barreroom onDemand, and your personal trainer or instructor, from any and all claims or causes of action.
This waiver and release of liability includes, without limitation, all injuries to you which may occur, regardless of negligence. If any portion of this release from liability shall be deemed by a Court of competent jurisdiction to be invalid, then the remainder of this release from liability shall remain in full force and effect and the offending provision or provisions severed here from. Information received via the site should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.
Upon sign up, you will be required to acknowledge that you have carefully read this waiver (presented again at the point of sale) and release and fully understand that it is a release of liability. You agree to voluntarily give up any right that you may otherwise have to bring a legal action against Barreroom onDemand, the personal trainer or instructor for negligence, or any other personal injury or property damage or loss action.
Barre Room On Demand has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Barre Room On Demand of the site. Use of any such linked website is at the user’s own risk.
We reserve the right to modify these Terms and/or any other guidelines or policies affecting Barreroom onDemand at any time, and may do so from time to time. Such revisions will become effective upon the earlier of: (i) posting of the revisions to the Site, or (ii) distribution of the revisions by any written contact method we have with you, including by email. For this reason, please visit this page on a regular basis and check the “Last Updated” date at the top of these Terms to ensure you are familiar with the most recent version of these Terms. Your Use of the Site after the effective date of the revisions signifies your acceptance of any such revisions. If you do not agree, you must stop using the Site immediately.
Modifications to the Website
We may, either partially or in its entirety and without being obligated to provide prior notice, modify, adapt or change the Barreroom onDemand website (https://brondemand.com/) and/or any of its Services, features, the user interface and design, the extent and availability of the content in or on the website and any other aspect related to the website. You will have no claim, complaint or demand against us for applying such changes or for failures incidental to such changes.
11. Reservations and Rights to Termination
Notwithstanding anything to the contrary in these Terms, Barreroom onDemand reserves the right, without notice and in its sole and absolute discretion, for any reason or no reason, to terminate your access and use of any Barreroom onDemand Services, including to block or prevent your access and use of any of our websites. You agree that Barreroom onDemand shall not be liable for any interruption or termination of your access and/or use of our websites.
12. Limitation of Liability
To the maximum extent permitted by law, in no event shall Barreroom onDemand or any of their service providers be liable for special, compensatory, indirect, incidental, consequential, or exemplary damages, lost profits, lost data or confidential or other information, loss of privacy, costs of procurement of substitute goods or services, failure to meet any duty including without limitation of good faith or of reasonable care, negligence, or otherwise, regardless of the foreseeability and/Or if we were advised of such damages or of any advice or notice given to Barreroom onDemand or its service providers, licensors and suppliers arising out of or in connection with your use of any Barreroom onDemand services. This limitation shall apply regardless of whether the damages arise out of breach of contract, negligence, tort, or any other legal theory or form of action. Additionally, the maximum liability of Barreroom onDemand and its service providers, licensors and suppliers to you under all circumstances will be limited to the amount paid, if any, by you in the last ninety (90) Days to Barreroom onDemand for any Barreroom onDemand services. You agree that this limitation of liability represents a reasonable allocation of risk and is a fundamental element of the basis of the bargain between Barreroom onDemand and you. The Barreroom onDemand services would not be provided without such limitations. Barreroom onDemand will not be liable for failure to perform any obligation under these terms if such failure is caused by the occurrence of any unforeseen circumstance beyond its reasonable control, including, without limitation, internet outages, communications outages, fire, flood, natural disaster, civil unrest or war.
13. Governing Law
These terms and conditions are governed by and construed in accordance with the laws of Kelowna, British Columbia, Canada and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.
This policy is effective as of 1 January 2019.