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burnalong®, Burnalong is a registered trademark of Burnalong, Inc. © 2024 Burnalong, Inc. All rights reserved.
Welcome to the Burnalong website. These Terms of Use (“Terms”) are a legal contract between you and Burnalong, Inc. (“us” or “our” or “we” or “Burnalong”) and govern your use of all the text, data, information, software, graphics, videos, photographs and more (all of which are referred to as “Materials”) that we and our affiliates may make available to you through this website and/or any services (“Services”) we may provide through our website or Mobile Application (the website, Services and Mobile Application are referred to collectively in these Terms as the “Site”).
READ THESE TERMS CAREFULLY BEFORE BROWSING THIS WEBSITE OR USING ANY SERVICES. USING THE SITE IN ANY WAY INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. YOU CANNOT USE THIS SITE OR ANY PART OF THE SITE IF YOU DO NOT ACCEPT THESE TERMS.
THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH BURNALONG. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.
PROFESSIONAL ADVICE AND MEDICAL DISCLAIMER
PLEASE NOTE: THE INFORMATION AND MATERIALS POSTED ON AND ACCESSIBLE THROUGH THE SITE ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT, OR PROFESSIONAL FINANCIAL OR INVESTMENT ADVICE. BURNALONG DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC PRODUCTS, PROCEDURE, OPINIONS, OR OTHER INFORMATION THAT MAY BE MENTIONED ON THE SITE OR ON MATERIALS OBTAINED FROM THE SITE. RELIANCE ON ANY INFORMATION PROVIDED BY BURNALONG, CONTRIBUTORS TO THE SITE, OR OTHER USERS OF THE SITE IS SOLELY AT YOUR OWN RISK.
YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PRACTITIONER BEFORE STARTING ANY EXERCISE PROGRAM. THIS IS PARTICULARLY TRUE IF YOU OR YOUR FAMILY HAVE A HISTORY OF HIGH BLOOD PRESSURE OR HEART DISEASE, OR IF YOU HAVE EVER EXPERIENCED DISCOMFORT WHILE EXERCISING. DO NOT USE BURNALONG IF YOU ARE PREGNANT UNLESS YOU HAVE RECEIVED PERMISSION FROM YOUR PHYSICIAN. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE SITE!
We may alter the Materials and Services we offer and/or we may choose to modify, suspend or discontinue any part of the Site at any time and without notifying you. We may also change, update, add or remove provisions (collectively, “modifications”) of these Terms from time to time. Please periodically review these Terms because your continued use of the Site will mean that you accept any such modifications.
If you object to any such modifications, your sole recourse shall be to cease using the Site. Also, please know that these Terms may be superseded by expressly-designated legal notices or terms located on particular pages of this Site or associated with specific Services. These expressly-designated legal notices or terms are incorporated into these Terms and supersede the provision(s) of these Terms that are designated as being superseded.
We invite you to use this Site for individual, consumer purposes (“Permitted Purposes”). By using the Site, you agree that you are at least 13 years of age. If you are older than 13, but younger than 18 (a “Minor”), you must have the consent of your parent or legal guardian and receive your parent’s or legal guardian’s permission to use the Site and agree to these Terms. If you are a parent or legal guardian of a Minor, you agree to be present while the minor uses the Site and bind the Minor to these Terms and to fully indemnify and hold us harmless if the Minor breaches any of these Terms.
Notice to parents and guardians: You are solely responsible for monitoring and supervising your Minor’s use of Burnalong. If they are using Burnalong without your express consent, please contact us immediately so we can disable their access.
In these Terms we are granting you a limited, personal, non-exclusive, revocable and non-transferable license to use and to display the Materials; your right to use the Materials is conditioned on your compliance with these Terms (including the payment of any applicable fees). You have no other rights in this this Site or any part thereof and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of this website, Materials or Services in any manner. If you make copies of any part of the Site while engaging in Permitted Purposes then we ask that you be sure to keep on the copies all of our copyright and other proprietary notices as they appear on the Site. You may only use such copies in connection with your use of the Site.
Unfortunately, if you breach any of these Terms the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials (and any copies thereof).
We make available Mobile Applications to access the website and Services via a mobile device. To use the Mobile Application you must have a mobile device that is compatible with the mobile service. We do not warrant that the Mobile Application will be compatible with your mobile device. We hereby grant to you a non-exclusive, non-transferable, revocable license to use an object code copy of the Mobile Application for one registered account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Application, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Application to any third-party or use the Mobile Application to provide time sharing or similar services for any third-party; (iii) make any copies of the Mobile Application; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Application, features that prevent or restrict use or copying of any content accessible through the Mobile Application, or features that enforce limitations on use of the Mobile Application; or (v) delete the copyright and other proprietary rights notices on the Mobile Application. You acknowledge that we may from time to time issue upgraded versions of the Mobile Application, and may automatically electronically upgrade the version of the Mobile Application that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that these Terms will apply to all such upgrades. The foregoing license grant is not a sale of the Mobile Application or any copy thereof, and we and our third-party licensors or suppliers retain all right, title, and interest in and to the Mobile Application (and any copy of the Mobile Application). Standard carrier data charges may apply to your use of the Mobile Application.
The following additional terms and conditions apply with respect to any Mobile Application that we provide to you designed for use on an Apple iOS-powered mobile device (an “iOS App”):
The following additional terms and conditions apply with respect to any Mobile Application that we provide to you designed for use on an Android-powered mobile device (an “Android App”):
The following additional terms and conditions apply with respect to any Mobile Application that we provide to you designed for use on an Android-powered mobile device and obtained from the Amazon App Store (an “Amazon Android App”):
The Services include and make use of certain functionality and services provided by third-parties that allow us to include maps, geocoding, places and other Content from Google, Inc. (“Google”) as part of the Services (the “Geo-Location Services”). Your use of the Geo-Location Services is subject to Google’s then current Terms of Use for Google Maps/Google Earth (http://www.google.com/intl/en_us/help/terms_maps.html) and by using the Geo-Location Services, you are agreeing to be bound by Google’s Terms of Use.
We appreciate you visiting our website. You need not register with us to simply visit and view the website and not use any Services on the Site. However, in order to access certain password-restricted areas of the Site, and to use certain Services and access certain Materials offered on and through this Site, you must successfully register an account with us.
If you want an account with us, you must provide a working email address and preferred password through the account registration page on this website. You may also provide additional, optional information so that we can provide you a more customized experience when using the Site –but, we will leave that decision with you. Once you submit the required registration information, we alone will determine whether or not to approve your proposed account. If approved, you will be permitted to log in to your account with your password.
We may also provide you with the ability to register for an account using your existing account and log-in credentials from third-party sites and services such as FaceBook. By using such third-party account and/or credentials you are consenting to our retention and use, and such third-party site’s disclosure, of the account, credentials and other populated profile information that you submit.
For so long as you use your Burnalong account, you agree to provide true, accurate, current, and complete information which can be accomplished by logging into your account and making relevant changes directly. And, if you forget your password – no worries as we will happily send a password update to your provided email address.
You are responsible for complying with these Terms when you access the Site, whether directly or through any account that you may setup through or on the Site. Because it is your account, it is your job to obtain and maintain all equipment and services needed for access to and use of the Site as well as paying related charges. It is also your responsibility to maintain the confidentiality of your password(s), including any password of a third-party site that we may allow you to use to access the Site. Should you believe your password or security for the Site has been breached in any way, you must immediately notify us.
You agree to pay all applicable fees and taxes related to your use of the Site or any part of the Site. We may suspend or terminate your account and/or access to our Services and this website if your payment is late and/or your offered payment method (e.g., credit card, PayPal account, etc.) cannot be processed. By providing a payment method, you expressly authorize us to charge the applicable fees and taxes on said payment method, all of which depend on your particular membership and utilized services.
If you sign up for a paid subscription to use our Service (“Subscription”), we will charge your credit card for your first fee and applicable taxes on the date that we process the order for your Subscription.
IMPORTANT NOTICE: Unless you cancel prior to the expiration of your current Subscription, we will automatically renew your Subscription on each monthly or yearly (depending on the Subscription you have chosen) anniversary of the date that we charged your credit card for the first Subscription fee. If you sign up for a Subscription that includes a free-trial period, unless you have cancelled your membership prior to the expiration of the free-trial period, as authorized by you during the memberships sign-up process, we will automatically charge you for the first monthly or yearly membership fee upon the expiration of the free-trial period and each subsequent membership fee on the anniversary of the date of the first billing. We will charge your credit card with the applicable renewal Subscription fee and any taxes that may be imposed on such fee payments. Subscriptions must be canceled prior to the applicable renewal date.
You may cancel your Subscription directly through your account on the site; provided that any Subscription fees charged prior to the effective date of cancellation will not be refunded, in whole or in part.
We understand that you might cancel your account, but please know that we will not provide any refund(s) and you will be responsible for paying any balance due on the account. To make things less complicated, you agree that we may charge any unpaid fees to your provided payment method and/or send you a bill for such unpaid fees.
By using the Site or any part of the Site, you consent to receiving electronic communications from us. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Site provided on or through the Site. These electronic communications are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
We respect the information that you provide to us, and want to be sure you fully understand exactly how we use that information. So, please review our Privacy Policy (“Privacy Policy”) which explains everything.
We think links are convenient, and we sometimes provide links from the Site to third-party websites. If you use these links, you will leave our Site. We are not obligated to review any third-party websites linked to from this Site, we do not control any of the third-party websites, and we are not responsible for any of the third-party websites (or the products, services, or content available through any of them). Thus, we do not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to from this Site, you do this entirely at your own risk and you must follow the privacy policies and terms and conditions for those third-party websites. Certain areas of the Site may allow you to interact and/or conduct transactions with one or more third-party websites or services, and, if applicable, allow you to configure your privacy settings in that third-party account to permit your activities on this Site to be shared with your contacts in your third-party site account.
Certain areas of the Site may permit you to submit feedback, information, data, text, images, messages, or other materials (each, a “User Submission”). You agree that you are solely responsible for all of your User Submissions and that any such User Submission is considered both non-confidential and non-proprietary. Further, we do not guarantee that you will be able to edit or delete any User Submission you have submitted.
By submitting any User Submission, you are promising us that:
By submitting a User Submission, you grant to us an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, royalty-free license (sublicensable through multiple tiers) to:
We may, but are not obligated to, pre-screen User Submissions or monitor any area of Site through which User Submissions may be submitted. We are not required to host, display, or distribute any User Submissions on or through the Site and may remove at any time or refuse any User Submissions for any reason. You understand that when using the Site you will be exposed to User Submissions from a variety of sources and that we are not responsible for the accuracy, usefulness, reliability or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, defamatory, indecent or objectionable and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto. We are not responsible for any loss, theft, or damage of any kind to any User Submissions. Further, you agree that we may freely disclose your User Submission to any third party absent any obligation of confidence on the part of the recipient.
To be clear, we authorize your use of the Site only for Permitted Purposes. Any other use of the Site beyond the Permitted Purposes is prohibited and, therefore, constitutes unauthorized use of the Site. This is because as between you and us, all rights in the Site remain our property.
Unauthorized use of this Site may result in violation of various United States and international copyright laws. Because we prefer keeping this relationship drama-free, we want to give you examples of things to avoid. So, unless you have written permission from us stating otherwise, you are not authorized to use this Site in any of the following ways (these are examples only and the list below is not a complete list of everything that you are not permitted to do):
You agree to hire attorneys to defend us if you violate these Terms and that violation results in a problem for us. You also agree to pay any damages that we may end up having to pay as a result of your violation. You alone are responsible for any violation of these Terms by you. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with our defense of such claim.
The Site includes registered and unregistered trademarks that belong to us. Other trademarks, names and logos on this Site are the property of their respective owners.
Unless otherwise specified in these Terms, all Materials, including the arrangement of them on the Site are our sole property or the property of our licensors. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.
We respect the intellectual property rights of others and encourage you to do the same. Accordingly, we have a policy of removing User Submissions that violate intellectual property rights of others, suspending access to this Site (or any portion thereof) to any user who uses this Site in violation of someone’s intellectual property rights, and/or terminating in appropriate circumstances the account of any user who uses the this Site in violation of someone’s intellectual property rights.
Pursuant to Title 17 of the United States Code, Section 512, we have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your copyright or other intellectual property right is being infringed by a user of this Site, please provide written notice to our agent for notice of claims of infringement:
Burnalong c/o Tivity Health
IP Infringement Management
4031 Aspen Grove Drive,
Suite 250
Franklin, TN 37067
Email: [email protected]
To be sure the matter is handled immediately, your written notice must:
Unless the notice pertains to copyright or other intellectual property infringement, the Agent will be unable to address the listed concern.
Submitting a Digital Millennium Copyright Act (“DMCA”) Counter-Notification
We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a validly received DMCA take-down notice. In response, you may provide our Agent with a written counter-notification that includes the following information:
Termination of Repeat Infringers
We reserve the right, in our sole discretion, to terminate the account or access of any user of the Site who is the subject of repeated DMCA or other infringement notifications.
YOUR USE OF THE SITE AND ANY MATERIALS YOU MAY ACCESS AND USE THROUGH YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE MATERIALS HAVE NOT BEEN VERIFIED OR AUTHENTICATED IN WHOLE OR IN PART BY BURNALONG, AND THEY MAY INCLUDE INACCURACIES OR OTHER ERRORS. WE DO NOT WARRANT AND EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES ABOUT THE ACCURACY, INTEGRITY, EFFICACY OR APPROPRIATENESS OF THE MATERIALS OBTAINED THROUGH YOUR USE OF THE SITE. WE ASSUME NO LIABILITY FOR ANY ERRORS, INACCURACIES OR OMISSIONS IN THE MATERIALS, WHETHER PROVIDED BY BURNALONG, OUR LICENSORS OR SUPPLIERS, OR BY OTHER USERS. YOU AGREE THAT YOU MUST EVALUATE, MAKE YOUR OWN JUDGMENT, AND BEAR ALL RISKS ASSOCIATED WITH THE USE OF ANY MATERIALS. UNDER NO CIRCUMSTANCES WILL BURNALONG BE LIABLE IN ANY WAY FOR ANY MATERIALS OR USER SUBMISSIONS INCLUDING, BUT NOT LIMITED TO, THE SOLICITATION AND POSTING OF ANY MATERIALS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY MATERIALS.
THIS SITE AND ALL MATERIALS ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS SITE IS WITH YOU. WE, ON BEHALF OF OURSELVES AND OUR LICENSORS, EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THIS SITE, WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER BURNALONG NOR OUR LICENSORS SHALL BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE THE MOBILE APPLICATION, SERVICES, WEBSITE OR ANY OTHER COMPONENT OF THE SITE; (B) THE USE OF ANY MATERIAL ACCESSIBLE ON OR THROUGH THE SITE OR ANY WEBSITES LINKED TO SITE; (C) STATEMENTS, SERVICES OR CONDUCT OF ANY THIRD PARTY; OR (D) ANY OTHER MATTER RELATING TO THE SITE OR ANY COMPONENT THEREOF. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT – INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE – OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO BURNALONG.
BY USING THE SITE, YOU EXPRESSLY AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BURNALONG SHALL NOT BE LIABLE IN ANY WAY FOR ANY HARM ARISING OUT OF OR RELATING TO YOUR USE THE SITE OR ANY MATERIALS OBTAINED THROUGH YOUR USE OF THE SITE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM YOUR USE OF ANY THIRD PARTY INFORMATION, PROGRAM OR SUGGESTION. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH THIRD PARTIES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
We control and operate this Site from our headquarters in the United States of America and the entirety of this Site may not be appropriate or available for use in other locations. If you use this Site outside the United States of America, you are solely responsible for following applicable local laws. We may limit the availability of the Site, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time. Not all products or services described on the Site may be available in all states or territories.
Any submissions by you to us (e.g., comments, questions, suggestions, materials – collectively, “Feedback”) through any communication whatsoever (e.g., call, fax, email) will be treated as both non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and we are free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that we are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
Any dispute arising out of or related to your use of or access to the Site shall be resolved exclusively by confidential binding arbitration except we may seek injunctive or other appropriate relief to the extent we believe you have violated or threatened to violate our intellectual property rights. The arbitration shall be conducted by one neutral arbitrator in Nashville, Tennessee under American Arbitration Association rules then in effect. No claims of any other parties may be joined or otherwise combined in the arbitration proceeding. Each party shall bear its own attorneys’ fees without regard to which party prevails. The arbitrator’s decision will be final and binding. The award of the arbitrator may be enforced in any court of competent jurisdiction. Each party consents to (i) the exclusive jurisdiction of the state or federal courts located in Nashville, Tennessee for any action (1) to compel arbitration, (2) to enforce any award of the arbitrator, or (3) service of process in any such action by registered mail or any other means provided by law. EACH OF YOU AND WE EXPRESSLY WAIVES ANY RIGHT TO A BENCH TRIAL, JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING.
Governing Law and Venue
These Terms and all other matters arising from your use of the Site shall be governed by the laws of the State of Tennessee, without regard to its choice of law provisions. Should binding arbitration be deemed invalid or otherwise unenforceable for any reason, the Dispute Resolution provision of these Terms shall be severed and the parties expressly consent to and agree that the exclusive jurisdiction and venue for any claims will be in state or federal courts in Nashville, Tennessee.
Severability
If any part of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, that part will be enforced to the maximum extent permitted by law and the remainder of these Terms will remain fully in force.
Waiver
Our failure to act with respect to a breach by any visitor using the Site does not constitute a waiver of our right to act with respect to subsequent or similar breaches.
Assignment
We may assign our rights and duties under these Terms without notice to you. You may not assign these Terms, in whole or in part, without our prior written consent, and any assignment in contravention of the foregoing shall be null and void.
Termination of Access
We reserve the right to modify or terminate your access to the Site (or portions of the Site) at any time, temporarily or permanently, with or without notice to you, and is not obligated to support or update the Site. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.
Notices
Any notice to us shall be given in writing and sent by certified and registered mail to our agent at Burnalong c/o Tivity Health 4031 Aspen Grove Drive, Suite 250. Franklin, TN 37067., Attn: Legal.
Agreement
These Terms, as revised from time to time by us, constitute the entire agreement between the parties with regard to the subject matter in these Terms and supersede all prior understandings and agreements, whether written or oral, as to such subject matter.