Here at Shred Labs, we are focused on providing you the tools to become the best version of yourself, however, your health and safety are always a priority.
THE APP AND WEBSITE ARE NOT INTENDED FOR USE IN EMERGENCIES. IF IN AN EMERGENCY, IMMEDIATELY CONTACT EMERGENCY MEDICAL SERVICES. IF AT ANY TIME WHILE PERFORMING ANY ACTIVITY DEPICTED IN SHRED APP YOU FEEL ANY DISCOMFORT, PAIN, NAUSEA, LIGHT HEADEDNESS, SHAKING, OR CHEST PAINS, STOP USE AND IMMEDIATELY CONTACT A MEDICAL PROFESSIONAL OR DIAL 911.
Shred Labs, LLC, a Delaware corporation (“Company”, “we”, “us”, “SHRED”) has created and offers SHRED – By Shred Labs (“Shred App”, “App”) a mobile application as well as the SHRED website (“Website”) (collectively, the “Services”). This App and Website are offered and available to users who are 18 years of age or older, or of sufficient legal age in your jurisdiction or residence to use the Services. By using this App or Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the App or Website.
1. HEALTH AND LIABILITY DISCLAIMER
SHRED AND THE SHRED APP PROVIDES WORKOUT INFORMATION AND IS DESIGNED FOR EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY. WORKING OUT CAN BE DANGEROUS, ESPECIALLY WHEN USING WEIGHTS.
BEFORE USING THE SHRED APP, OR ENGAGING IN ANY PHYSICAL ACTIVITY, YOU SHOULD CONSULT A PHYSICIAN OR MEDICAL PROFESSIONAL. YOU SHOULD NOT RELY ON INFORMATION OR TRAINING AVAILABLE IN OR VIA THE SERVICES, INCLUDING INFORMATION AND TRAINING PROVIDED SPECIFICALLY FOR YOU, AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. YOU SHOULD NOT RELY ON ANY TIPS, GUIDANCE, AND INSTRUCTIONS WITHIN THE SHRED APP AND THE FOREGOING SHOULD BE TAKEN AS FOR EDUCATION AND ENTERTAINMENT ONLY. BY USING SHRED YOU AGREE AND ACKNOWLEDGE THAT YOU HAVE CONSULTED WITH A PHYSICIAN OR MEDICAL PROFESSIONAL AND ARE HEALTHY ENOUGH TO PERFORM THE ACTIVITY IN THE SHRED APP.
NOTHING STATED OR POSTED ON THE SERVICES OR AVAILABLE THROUGH ANY SHRED SERVICE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. SHRED MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT THE INFORMATION AND CONTENT THAT APPEARS ON THE SERVICES. NO ASSURANCE CAN BE GIVEN THAT THE CONTENT IN THE SERVICES WILL BE ACCURATE OR UP TO DATE.
YOU ASSUME SOLE RESPONSIBILITY FOR PERFORMING ANY ACTIVITIES PRESENTED IN THE SERVICES AND TO EXERCISE WITH PROPER FORM, AND ACKNOWLEDGE THAT IMPROPER FORM MAY LEAD TO A RISK OF INJURY
TO REITERATE, PERFORMING ANY ACTIVITY DEPICTED OR DESCRIBED IN THE SHRED APP INVOLVES A RISK OF PERSONAL INJURY AND YOU EXPRESSLY ASSUME ALL RISK OF HARM.
Neither the Company nor any of its trainers or affiliates will be liable for any injury or illness, either physical or mental, that may result, whether directly or indirectly, from any exercise or workout. You assume sole responsibility for performing exercises with proper form, and acknowledge that improper form may lead to a risk of injury. You also acknowledge that any tips or guidance provided by SHRED within Shred App or Website are not to be taken literally if such tips or guidance lead to any discomfort or pain, or are not in alignment with advice offered by your doctor or medical professional.
4. INTELLECTUAL PROPERTY
5. ACCOUNTS, SUBSCRIPTIONS AND PROHIBITED ACTIVITIES
Use of the Shred App requires you to create an account with SHRED. You are responsible for all activity that occurs under your account. You have the ability, but not the obligation, to upload a photo to your account. You agree to upload an appropriate photo, and acknowledge that SHRED may disable your ability to upload a photo if you have uploaded a photo deemed inappropriate at SHRED’s sole discretion. SHRED reserves the right to suspend or terminate your account at any time and shall incur no liability for such suspension or termination.
After a limited trial period, you will be offered a subscription in order to continue use of the Shred App with unlimited access, or you may continue for free with limited access to the Classic workout style only. All payments are handled through Apple and the iTunes Store, or Google Pay or another third party payment processor and it is your responsibility to maintain your subscription through your respective accounts.
Your subscription will continue until cancelled by you. You acknowledge that subscription fees paid are non-refundable. If you believe any charge was made in error, or if you have any questions regarding how subscriptions are handled, please contact Apple billing support or Android billing support, respectively.
Recurring Payments: You will not be eligible for a prorated refund of any portion of the subscription fees paid for the then-current subscription period and you are committed to pay all monthly payments within a payment period. Upon renewal of your subscription, if we do not receive payment from your payment provider, (a) you agree to pay all amounts due on your account upon demand and/or (b) you agree that we may either terminate or suspend your subscription and continue to attempt to charge your payment provider until
payment is received (upon receipt of payment, your account will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received).
Refunds: Refunds will be issued based on the policies of Apple and the iTunes store and Google Pay.
6. MOBILE USE AND CONNECTIVITY
Use of the Shred App requires an Internet connection either through Cellular or Wifi.
You acknowledge that if you do not have this, some or all of the Shred App features will not work properly. By using the Shred App you acknowledge that its use of data will fall under your carrier’s normal data consumption rates. If you find the Shred App not functioning properly, check your Internet connection. For any support related issues immediately contact email@example.com.
7. SOCIAL FEED & USER INTERACTION DISCLAIMER
Upon completion of a qualified workout your workout will be posted to the social feed log within the Shred App, where your photo will be visible to all users. You may disable this feature at any time by going to Settings>Account and unselecting “Get Cheers While Working Out” and “Show Workouts on Social Timeline”. You will have the ability, but not the obligation, to post certain information on your account that may allow you to be identified. This includes your Last Name and Gym Location. These options are disabled by default, and you are able to further remove your visibility completely from the Shred App within the Settings. You are solely responsible for your interactions with other people, whether online or in person. SHRED is not responsible or liable for any loss or damage resulting from any interaction with other Shred App users or persons who find you because of information posted on, by or through the Shred App. You agree to take reasonable precautions in all interactions with other users on the Shred App, and conduct any necessary investigation before meeting another person. SHRED is under no obligation to become involved with any user dispute.
If you interact with, submit, post or display content (the “User Content”) on or through the Services, you own the User Content, and you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such User Content in any and all media or distribution methods now known or later developed (for clarity, these rights include, for example, curating, transforming, and translating). This license authorizes us to make your User Content available to the rest of the world and to let others do the same. You agree that this license includes the right for Shred to provide, promote, and improve the Services and to make User Content submitted to or through the Services available to other companies, organizations or individuals for the syndication, broadcast, distribution, redistribution,
promotion or publication of such User Content on other media and services, subject to our terms and conditions for such User Content use. Such additional uses by Shred, or any other companies, organizations, parties or individuals, is made with no compensation paid to you with respect to the User Content that you submit, post, transmit or otherwise make available through the Services as the use of the Services by you is hereby agreed as being sufficient compensation for the User Content and grant of rights herein.
By Submitting User Content, you also grant us the worldwide, perpetual, irrevocable, fully sublicensable, and transferable right, but not the obligation, to use any and all names, identities, titles, likenesses, distinctive appearances, physical likenesses, images, portraits, pictures, photographs (whether still or moving), screen personas, voices, vocal styles, statements, gestures, mannerisms, personalities, performance characteristics, biographical data, signatures, and any other indicia or imitations of identity or likeness listed, provided, referenced, or otherwise contained in the User Content, including, without limitation, your name and geographical location (e.g., “J. Doe – NewYork, NY”), for purposes of advertising and trade, in any format, medium, or technology now known or later developed without further notice, approval, or compensation, unless prohibited by law.
Without limiting the generality of the foregoing, we reserve the right to display advertisements in connection with your User Content and to use your User Content for advertising, marketing, promotional, and commercial purposes. You acknowledge and agree that your User Content may be included on the websites and advertising networks of our distribution and marketing partners, accounts, and third-party service providers (including their downstream users).
We have the right, but not the obligation, to monitor User Content. We have the right in our sole discretion and for any reason whatsoever to edit, refuse to post, remove, or disable access to any User Content.
8. DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE
In accordance with the Digital Millennium Copyright Act of 1998, we will respond expeditiously to claims of copyright infringement committed using the Shred App if such claims are reported to our Designated Copyright Agent identified in the sample notice below. A valid complaint under the DMCA must provide the following information in writing: An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
Identification of the copyrighted work that you claim is being infringed; Identification of the material that is claimed to be infringing and where it is located on the Services; Information reasonably sufficient to permit the Company to contact you, such as your address, telephone number, and e-mail address; A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
Please send DMCA requests to firstname.lastname@example.org. If the request provided is deemed valid under the DMCA, we will promptly remove the allegedly infringing content.
9. RELIANCE ON INFORMATION AND THIRD PARTY LINKS
All information within the Shred App, including but not limited to workouts, exercises, tips, guidance, videos, and quotes, is intended to be educational in nature. Expressions such as “Go Heavy” or “Pull Heavy Weight” are idiomatic, and are not intended to instruct you to perform any activity beyond that which has already been approved by your physician or medical professional (as outlined in Section 1). You will be able to log weights and repetitions for specific exercises, which will then be displayed for you when you see this exercise again. Repetition counts, timer durations, or weight amounts displayed are intended to be educational in nature and to serve as a guide, and are not to be followed if doing so does not align with activity approved by your physician or medical professional. Always be alert and aware when operating machines or heavy equipment, and seek the advice of a well- qualified training professional or physical therapist when using equipment or performing exercises you are not familiar with.
In many instances, Service Content will include content posted by a third party or will represent the opinions and judgments of a third party. We do not endorse, warrant, and are not responsible for, the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement made
through the Services by anyone other than our authorized employees or spokespersons while acting in their official capacities.
Our Services may contain links to other websites, social media pages, or applications maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the actions of, or the content found on, these
third-party websites, social media pages, or applications. You assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party websites or applications nor are we liable to you for any loss or damage of any sort incurred as a result of your dealings with any third parties or their websites, social media pages, or applications.
10. WARRANTY DISCLAIMER
SHRED is not responsible or liable for any Personal Information posted on the Shred App or for any offensive, unlawful or objectionable content you may encounter on or through the Services.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS SET OUT IN THIS SECTION Error! Reference source not found. OF THESE TERMS: (I) SHRED DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES AND CONDITIONS WITH RESPECT TO THE SHRED APP AND SERVICES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT; (II) SHRED ALSO LIMITS THE DURATION OF ANY APPLICABLE IMPLIED WARRANTIES OR CONDITIONS TO THE MINIMUM DURATION POSSIBLE UNDER THE APPLICABLE LAW.
THE SHRED APP IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, SHRED DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SHRED CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SHRED APP. SHRED DOES NOT REPRESENT OR WARRANT THAT THE SHRED APP WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS SHRED APP OR THE SERVER THAT MAKES THE APP AVAILABLE ARE FREE OF VIRUSES OR ANYTHING ELSE HARMFUL. TO THE FULLEST EXTENT PERMITTED BY LAW, SHRED DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS OR CONTENT IN THE SHRED APP IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, RELIABILITY OR OTHERWISE. You understand and agree that you download or otherwise obtain Content at your own risk, and that you will be solely responsible for your use and any damage to your mobile Device, computer system or other Device in which you access the Shred App, loss of data or other harm of any kind that may result. SHRED reserves the right to change any and all Content
and other items used or contained in the Shred App at any time without notice. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOLLOWING DISCLAIMERS, MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
YOU USE THE SHRED APP AND SERVICES, INCLUDING ALL DATA PROVIDED THROUGH THE SERVICES, AT YOUR OWN DISCRETION AND RISK. SHRED IS NOT RESPONSIBLE FOR (AND SHRED DISCLAIMS) ANY AND ALL LOSS, LIABILITY, OR DAMAGES, INCLUDING TO YOUR PREMISES, HOME, FACILITY, AND ALL OTHER ITEMS AND PETS IN YOUR HOME OR OTHER BUILDING, RESULTING FROM YOUR USE OF THE SERVICES, INCLUDING ALL CONTENT PROVIDED THROUGH THE SERVICES.
11. LIMITATION ON LIABILITY
IN NO EVENT WILL SHRED, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, CONTRACTORS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SHRED APP, OR ANY CONTENT ON THE SHRED APP OR SUCH OTHER SERVICES OR ITEMS OBTAINED FROM SHRED, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF SHRED ARISING FROM OR IN ANY WAY RELATING TO THESE TERMS, THE SHRED APP OR THE SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR GROSS NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNTS PAID BY YOU (IF ANY) FOR THE SERVICES AND FOR GREATER CERTAINTY, THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THESE TERMS WILL NOT INCREASE THIS MAXIMUM LIABILITY AMOUNT.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
13) GOVERNING LAW AND JURISDICTION
15. CONTACT INFORMATION
16. Entire Agreement; Waiver; Construction; Severability; No Agency.
These Terms constitute the entire agreement between you and us pertaining to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Services and the Shred App. A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any failure by Shred to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The terms “include” and “including” mean, respectively, “include without limitation” and “including without limitation.” The headings of sections of these Terms are for reference purposes only and have no substantive effect. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Neither party is an agent or partner of the other party.