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TERMS & CONDITIONS

Welcome to the Website of LIT Fitness Group, LLC) (together with our affiliates, “LIT Method”, “we”, or “us”). By accessing this Website, including for the purpose of using LIT MethodOn Demand, purchasing the LIT Kit, the Strength Machine and the products provided with it through the Website, you are agreeing to be bound by these Terms and Conditions of Use together with our and all applicable laws and regulations. If you do not agree with any of these terms, you should not use or access this Website, including for the purpose of purchasing the LIT Kit, the Strength Machine and the products provided with it through the Website. The materials contained on this Website are protected by applicable intellectual property laws.

 

LIT Method provides an online fitness community and related products, services, content and features through LIT Method websites, such as those for our studio, support, boutiqueand through mobile, desktop, or device applications (including iOS and Android applications (“Apps”)) and LIT Method -controlled social media pages (including on Facebook, Instagram, Spotify and Twitter). To make these Terms easier to read, the LIT Method Sites and Appsand LIT Method -controlled social media pages are collectively called the “LIT Method Service” or “the Services”. By registering as a member or by visiting, browsing, or using the LIT Method Service in any way, you (as a “user”) accept and agree to be bound by these Terms of Service (“Terms”), which forms a binding agreement between you and LIT Method.

 

PLEASE READ: THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER (SECTION 20). READ CAREFULLY, INCLUDING YOUR RIGHT, IF APPLICABLE, TO OPT OUT OF ARBITRATION. EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN SECTION 20 BELOW, OR WHERE PROHIBITED BY LAW, BY ENTERING INTO THESE TERMS YOU EXPRESSLY AGREE THAT DISPUTES BETWEEN YOU AND LIT METHOD WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU HEREBY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-⁠WIDE ARBITRATION.

 

If you do not wish to be bound by these Terms, you may not access or use the LIT Method Service. Certain elements of the LIT Method Service may be subject to additional terms and conditions specified from time to time; your use of those elements of the LIT Method Service is subject to those additional terms and conditions, which are incorporated into these Terms by this reference.

 

  1. Who May Use the LIT Method Service

Age Requirement. You must be at least 18 years old, or the age of legal majority in your jurisdiction of residence, to register with and use the LIT Method Service. However, minors that can safely fit the dimensions of the Strength Machine may participate in live in-studio classes, provided that they comply with all requirements of the minor’s rules and regulations, which are available at the LIT Method studios.

 

We may, in our sole discretion, refuse to offer the LIT Method Service to any person or entity and change the eligibility criteria at any time. You are solely responsible for ensuring that these Terms are in compliance with all laws, rules and regulations applicable to you, and the right to access and use the LIT Method Service is revoked where these Terms or use of the LIT MethodService is prohibited or conflicts with any applicable law, rule or regulation. Further, the LIT Method Service is offered only for your personal, non-commercial use, and not for the use or benefit of any third party.

 

  1. License to Use the LIT Method Service

License. Subject to your compliance with these Terms and solely for so long as you are permitted by us to access and use the LIT Method Service, LIT Method grants you a limited, non-transferable, non-exclusive, revocable right and license to access and use the LIT Method Service for your own personal, non-commercial purposes, a right which may not be assigned or sublicensed to anyone. This license includes the right to view Content (defined below) available on the LIT Method Service and the right to download one copy of the application to any single device for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. This license grant is subject to you agreeing to and abiding by our Intellectual Property rights, which are as follows:LIT Method, LIT, LIT KIT, The Strength Machine are trademarks of LIT Fitness Group, LLC.  The Strength Machine and The LIT Kit and the products provided therein are protected by multiple US and International Patents, Design Patents, and Pending Patent Applications. All content included on the LIT Method Services is the copyright property of LIT Fitness Group, LLC. All content is protected by United States and international copyright laws, including by the Berne Convention. The compilation of all content on this site is the exclusive property of LIT Fitness Group, LLC and protected by copyright laws. All software used on this site is the property of LIT Fitness Group, LLC. If you believe any content or material herein infringes your copyright, you must give LIT Fitness Group, LLC a notice under the Digital Millennium Copyright Act by contacting our copyright agent at info@litmethod.com. This license will remain in effect unless and until you violate these Terms or this license is terminated by you or LIT Method.

 

Restrictions. Except as expressly permitted in writing by an authorized representative of LIT Method, you will not reproduce, redistribute, sell, transfer, create derivative works from, decompile, reverse engineer, or disassemble the LIT MethodService, nor will you take any measures to interfere with or damage the LIT MethodService. Unless otherwise specified, copying or modifying any Content or using Content for any purpose other than your personal, non-commercial use of the LIT MethodService, including use of any such Content on any other website or networked computer environment, is strictly prohibited. All rights not expressly granted by LIT Methodin these Terms are reserved.

 

  1. Privacy

Our Privacy Policy forms a part of these Terms. Please review the Privacy Policy to learn about:

  • What information we may collect about you;
  • What we use that information for; and
  • With whom we share that information.

 

  1. Membership Requirements Registration

To enjoy full access to the LIT MethodService, you must register as a member of the LIT MethodService and enter into a subscription agreement for access to our live and on-demand classes, Content and features (a “Subscription”). You must provide complete and accurate registration information to LIT Method, complete the Subscription process, and notify us if any of your information changes. If you fail to keep your account information up to date, we may have to suspend or terminate your Subscription.

 

  1. Permitted Use

The content accessed on this LIT Method Services is provided only for your personal use, general information and convenience. Such content cannot be shared and this right of use can be revoked at will by LIT Method. Information contained herein can only be used, linked and shared according to allowed fair use doctrines

 

  1. Sale of Products

LIT Methodaccepts orders for the LIT KIT, Strength Machine and any other equipment, apparel or accessories that we may offer through the Site or at retail showrooms and studios. Unfortunately, availability of products cannot be guaranteed. Please note that product, service and other information provided is subject to corrections and changes without notice. Graphics and diagrams are for illustrative purposes only and may not accurately reflect actual product availability. Colors, styles and other variants depicted are for illustration only and are subject to change. Errors will be corrected where discovered, and we reserve the right to revoke any stated offer and to correct any errors, inaccuracies or omissions.

Unless otherwise specified at the time of purchase, you must pay for products when you place the order. All products ordered will be delivered to the shipping address you provide. We reserve the right to cancel an order placed by you at any time and for any lawful reason prior to our delivery of the product(s) and receipt of payment in full from you, provided that we will refund any fees that you prepaid for those products if we cancel. We may send an acknowledgment of receipt of your order to the email address you provide and/or proof of purchase information through the LIT MethodSite or to your email address after your payment has been processed.

 

  1. Termination; Account Deletion

Term. These Terms begin on the date you first use the LIT MethodService and continue as long as you have an account with us and/or continue to use the LIT MethodService.

Termination. LIT Methodmay, in LIT Method’s sole discretion, suspend, disable, or delete your account (or any part thereof) or block or remove any User Content (defined below) that you submitted, for any lawful reason, including if LIT Methoddetermines that you have violated these Terms or that your conduct or User Content would tend to damage LIT Method’s reputation or goodwill. If LIT Methoddeletes your account, you may not re-register for or use the LIT MethodService under any other user name or profile. LIT Methodmay block your access to the LIT MethodService to prevent re-⁠registration.

Effect of Termination / Account Deletion. Upon termination of these Terms all licenses granted by LIT Methodwill terminate. The following sections survive termination: Privacy (Section 3), User Content (Section 8), Indemnification (Section 12), No Warranties (Section 15), Limitation of Liability (Section 16), Safety Warnings (Section 17), Intellectual Property (Section 18), Arbitration Requirement & Class Action Waiver (Section 20), Contracting Entities, Governing Law and Jurisdiction (Section 21), and all general provisions. In the event of account deletion for any reason, User Content may no longer be available and LIT Methodis not responsible for the deletion or loss of such User Content. For clarity, if you cancel your Subscription or it is terminated for any reason, you will lose access to all live and on-demand classes and any other Content or features provided through the LIT MethodService. LIT Method, in its sole discretion, may make available a very limited amount of Content or features to non-subscribers from time to time, and any use of that Content is governed by these Terms.

 

  1. User Content

“Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the LIT MethodService; and (ii) ”User Content” means any content that users (including you) provide to be made available through the LIT MethodService. Content includes, without limitation, User Content.

Any User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content submitted by or on behalf of you is accurate, complete, up-to-date, and in compliance with these Terms and with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the LIT MethodService is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. To the full extent permitted by law, we make no representations, warranties or guarantees with respect to any Content that you access on or through the LIT MethodService.

As between you and LIT Method, you represent that you own (or have all rights necessary to grant LIT Methodthe rights below to) all User Content that you submit to the LIT MethodService, and that LIT Methodwill not need to obtain licenses from any third party or pay royalties to any third party in order to use such User Content. You grant LIT Methoda worldwide, perpetual, irrevocable, non-exclusive, sublicensable (through multiple tiers), transferable royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or later created), edit, modify, and make derivative works from your User Content (including, without limitation, translations) for any purpose whatsoever, commercial or otherwise, without compensation to you. In addition, you waive any so-called “moral rights” or rights of privacy or publicity in your User Content. You further grant all users of the LIT MethodService permission to view your User Content for their personal, non-commercial purposes. If you make suggestions to LIT Methodor through the LIT MethodService about improving or adding new features or products to the LIT MethodService or you otherwise provide feedback, product or service reviews or testimonials, you hereby grant to LIT Methoda worldwide, perpetual, irrevocable, non-exclusive, sublicensable (through multiple tiers), transferable royalty-free license and right to use, copy, modify, create derivative works based upon and otherwise exploit your suggestions, feedback, reviews and testimonials for any purpose (including for marketing), without any notice, compensation or other obligation to you.

You can remove your User Content by specifically deleting it. However, in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the LIT MethodService. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

 

  1. Rights and Terms for Apps

Rights in App Granted. Subject to your compliance with these Terms, LIT Methodgrants to you a limited non-exclusive, non-transferable, revocable license, with no right to sublicense, to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means. LIT Methodreserves all rights in and to the App not expressly granted to you under these Terms.

 

  1. General Prohibitions and LIT Method’s Enforcement Rights

You agree not to do any of the following:

  1. Post, upload, publish, submit or transmit any User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person, animal, or entity; (vii) exploits minors or (viii) promotes illegal or harmful activities or substances;
  2. Download and/or install any third party software and/or application on any LIT Methodhardware (excluding assistive technologies that are necessary for your own use of the LIT MethodService, such as screen-readers) that is not expressly permitted by LIT Methodin writing;
  3. Use, display, mirror or frame the LIT MethodService or any individual element within the LIT MethodService, LIT Method’s name, any LIT Methodtrademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without LIT Method’s express written consent;
  4. Access, tamper with, or use non-public areas of the LIT MethodService, LIT Method’s computer systems, or the technical delivery systems of LIT Method’s providers;
  5. Attempt to probe, scan or test the vulnerability of any LIT Methodsystem or network or breach any security or authentication measures;
  6. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by LIT Methodor any of LIT Method’s providers or any other third party (including another user) to protect the LIT MethodService or Content;
  7. Bypass any territorial restrictions, including IP address-based restrictions, that may be applied to the LIT MethodService;
  8. Attempt to access, scrape or search the LIT MethodService or Content or download Content from the LIT MethodService, including through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools, plugins, add-ons or the like), other than the software and/or search agents provided by LIT Method or other generally available third-party web browsers;
  9. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
  10. Use any meta tags or other hidden text or metadata utilizing a LIT Methodtrademark, logo URL or product name without LIT Method’s express written consent;
  11. Use the LIT MethodService or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms or permitted expressly in writing by LIT Method;
  12. Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the LIT MethodService or Content to send altered, deceptive or false source-identifying information;
  13. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the LIT MethodService or Content;
  14. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the LIT MethodService;
  15. Collect or store any personally identifiable information from the LIT MethodService from other users of the LIT MethodService without their express permission;
  16. Copy, use, index, disclose or distribute any information or data obtained from the LIT Method Service, whether directly or through third parties (such as search engines), without LIT Method’s express written consent;
  17. Alter, replicate, store, distribute or create derivatives from the Content available via the LIT MethodService except as expressly permitted in writing by LIT Method;
  18. Impersonate or misrepresent your affiliation with any person or entity;
  19. Access, use or exploit the LIT MethodService in any manner (other than as expressly permitted by these Terms), including to build, develop (or commission the development of), replicate, or consult upon any product or service that may compete (directly or indirectly) with LIT Methodor the LIT MethodService;
  20. Violate any applicable law or regulation; or
  21. Encourage or enable any other individual to do any of the foregoing.

Although we’re not obligated to monitor access to or use of the LIT MethodService or Content or to review or edit any Content, we have the right to do so for the purpose of operating the LIT MethodService, to ensure compliance with these Terms, to comply with applicable law or other legal requirements and to maintain the integrity and reputation of the LIT MethodService and LIT Method’s systems. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the LIT MethodService. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

 

  1. Member Interactions, Dealings with Third Parties

When interacting with other LIT Methodmembers, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other people you don’t know. Your participation, correspondence or personal or business dealings with any third party found on or through the LIT MethodService, whether regarding payment or delivery of specific goods and services, donations or fundraisers, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that LIT Methodis not responsible or liable for any loss, damage, injury, or other matters of any sort incurred as the result of such dealings. In addition, when visiting or taking classes at any of our studios, please be advised that LIT Methodis not responsible for any lost or stolen items and that visitors, guests and members are required to adhere to then-current policies in place at that studio and the directions of that studio’s employees and representatives.

 

  1. Indemnification

You agree to indemnify, defend, and hold harmless LIT Methodand its directors, officers, employees, and agents, from and against all claims, damages, losses and costs that arise from or relate to (i) your activities on the LIT Method Service, (ii) any User Content submitted by or on behalf of you or (iii) your violation of these Terms. Further, you agree to defend, indemnify and hold harmless LIT Methodand its Affiliates, Owners, Members, Managers, Officers, Directors, Employees, Agents, Suppliers, and Trainers, from and against all liabilities, claims, damages and expenses (including reasonable attorney’s fees and costs) arising out of your use of the Site or any LIT Method Services; your use of the LIT Kit, the Strength Machine and any of the products provided with it; your failure to use the Site; your breach or alleged breach of this Agreement or your breach or alleged breach of the copyright, trademark, proprietary or other rights of third parties.

 

  1. Third Party Software and Applications

Downloading and/or installing any third party software and/or applications that are not expressly authorized by LIT Methodon any LIT Methodhardware constitutes a breach of these Terms; any such downloading or installation is done at your own risk and may void any applicable warranty or support commitments by LIT Method.

 

  1. Third Party Links and Content

There may be links on the LIT MethodService that let you leave the particular LIT MethodService you are accessing in order to access a linked site that is operated by a third party. LIT Methodneither controls nor endorses these sites, nor has LIT Methodreviewed or approved the content that appears on them. LIT Methodis not responsible for the legality, accuracy or inappropriate nature of any content, advertising, products or other materials on or available from any such third party sites. You acknowledge and agree that LIT Methodis not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the access or use of any of the links, content, goods or services available on or through these third party sites.

 

  1. No Warranties

LIT Methodreserves the right to modify the LIT MethodService, including, but not limited to updating, adding to, enhancing, modifying, removing or altering any Content or features of the LIT MethodService, at any time, in its sole discretion. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the LIT MethodService. LIT Methodhas no obligation to screen or monitor any Content and does not guarantee that any Content available on the LIT MethodService is suitable for all users or that it will continue to be available for any length of time.

LIT Methodprovides the LIT MethodService on an “AS IS” and “AS AVAILABLE” basis. You therefore use the LIT MethodService at your own risk. Other than as expressly provided in writing by LIT Methodin connection with your purchase of a LIT Methodproduct, to the extent permitted by law, LIT Methodexpressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, quiet enjoyment and any other warranty that might arise under any law. Without limiting the foregoing, LIT Methodmakes no representations or warranties:

  • That the LIT MethodService is or will be permitted in your jurisdiction;
  • That the LIT MethodService will be uninterrupted or error-⁠free;
  • Concerning any Content, including User Content;
  • Concerning any third party’s use of User Content that you submit;
  • That the LIT MethodService will meet your personal or professional needs;
  • That LIT Methodwill continue to support any particular feature of the LIT MethodService; or
  • Concerning sites and resources outside of the LIT MethodService, even if linked to from the LIT MethodService.

To the extent that another party may have access to or view Content on your device, you are solely responsible for informing such party of all disclaimers and warnings in these Terms. TO THE EXTENT ANY DISCLAIMER OR LIMITATION OF LIABILITY DOES NOT APPLY, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL APPLICABLE EXPRESS, IMPLIED, AND STATUTORY WARRANTIES WILL BE LIMITED IN DURATION TO A PERIOD OF 30 DAYS AFTER THE DATE ON WHICH YOU FIRST USED THE LIT METHOD SERVICE, AND NO WARRANTIES SHALL APPLY AFTER SUCH PERIOD.

 

  1. Limitation of Liability

To the fullest extent permitted by law: (i) LIT Method shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, economic or pure economic losses, goodwill, use, data, service interruption, computer damage, system failure, inability to use the LIT MethodService or Content or other intangible losses, even if a limited remedy set forth herein is found to have failed its essential purpose; and (ii) LIT Method’s total liability to you for all claims, in the aggregate, will not exceed the amount actually paid by you to LIT Methodover the 12 months preceding the date your first claim(s) arose. If you live in a jurisdiction that does not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation does not apply to you. To the extent that one or any aspect of LIT Method’s limitations set out above does not apply, all remaining aspects survive. The exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between LIT Methodand you.

LIT Method does not warrant that any of the materials on its Services are accurate, complete, or current. LIT Method may make changes to the materials contained on its Services at any time without notice.

 

  1. Safety Warnings

THE LIT METHOD SERVICE OFFERS HEALTH AND FITNESS INFORMATION AND IS DESIGNED FOR EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY. YOU SHOULD CONSULT YOUR PHYSICIAN OR GENERAL PRACTITIONER BEFORE BEGINNING A NEW FITNESS PROGRAM. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN, GENERAL PRACTITIONER OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTHCARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE LIT METHOD SITE OR HEARD ON THE LIT METHOD SERVICE. THE USE OF INFORMATION PROVIDED THROUGH THE LIT METHOD SERVICE IS SOLELY AT YOUR OWN RISK AND IS NOT MEDICAL OR HEALTHCARE ADVICE.

NOTHING STATED OR POSTED ON THE LIT METHOD SITE OR AVAILABLE THROUGH ANY LOT METHOD SERVICE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THESE TERMS, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. THE LIT METHOD SERVICE IS CONTINUALLY UNDER DEVELOPMENT AND, TO THE FULL EXTENT PERMITTED BY LAW, LIT METHOD 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 HEALTH, FITNESS AND NUTRITIONAL ADVICE THAT APPEARS HERE. NO ASSURANCE CAN BE GIVEN THAT THE ADVICE CONTAINED IN THE LIT METHOD SERVICE WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.

In becoming a user of LIT Methodwith the intent of using the LIT MethodService, you affirm that either (A) all of the following statements are true: (i) no physician or general practitioner has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician or general practitioner; (ii) you have never felt chest pain when engaging in physical activity; (iii) you have not experienced chest pain when not engaged in physical activity at any time within the past month; (iv) you have never lost your balance because of dizziness and you have never lost consciousness; (v) you do not have a bone or joint problem that could be made worse by a change in your physical activity; (vi) your physician or general practitioner is not currently prescribing drugs for your blood pressure or heart condition; (vii) you do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems; and (viii) you do not know of any other reason you should not exercise; or (B) your physician or general practitioner has been specifically consulted by you and approved of your use of the LIT MethodService.

If applicable, you further affirm that (a) you are not pregnant, breastfeeding or lactating; unless (b) your physician or general practitioner has been specifically consulted and approved your use of the LIT MethodService.

LIT Methodreserves the right to refuse or cancel your membership if we determine that you have certain medical conditions or that the representations set forth above are untrue in any respect.

 

  1. Intellectual Property Acknowledgment

You acknowledge and agree that your use of the LIT MethodServices and any Content contained therein is dependent upon you agreeing to and abiding by the LIT MethodIntellectual Property and DMCA Policy at all times. You further acknowledge that the LIT MethodService contains software and other content that is protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All LIT Method-generated content, and content provided to LIT Methodby its partners and licensors, is copyrighted individually and/or as a collective work under the U.S. copyright laws and all applicable international copyright (or equivalent) laws in all jurisdictions and protected under other intellectual property laws worldwide; further, as between you and LIT Method, LIT Methodown intellectual property rights in the selection, coordination, arrangement and enhancement of all content in the LIT MethodService.

 

  1. Intellectual Property Usage and Reporting Infringement

LIT Methodrespects the intellectual property of others, and we ask our users to do the same. Each user is responsible for ensuring that their User Content does not infringe any third party’s right or other intellectual property rights. If you believe that the LIT MethodService or any Content contains elements that infringe or misappropriate your copyrights or other intellectual property rights (or the intellectual property rights of others), please go to the LIT MethodIntellectual Property and DMCA Policy for directions on how to report it to us.

 

  1. ARBITRATION REQUIREMENT & CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS MAY AFFECT YOUR LEGAL RIGHTS. APPLICABLE TO THE FULL EXTENT PERMITTED BY LAW.
  1. Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or Content (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and LIT Methodagree that the U.S. Federal Arbitration Act (or equivalent laws in the jurisdiction in which the LIT Methodentity that you have contracted with is incorporated) governs the interpretation and enforcement of these Terms and that you and LIT Methodare each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.
  2. Exceptions and Opt-out. As limited exceptions to Section 20(a) above: (i) you may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our respective intellectual property rights. In addition, you will retain the right to opt out of arbitration entirely and litigate any Dispute if you provide us with written notice of your desire to do so by certified mail to358 South La Cienega Blvd., Los Angeles CA 90048 and addressed attention of LIT Method’s Business and Legal Affairs Department within 30 days following the date you first agree to these Terms.
  3. Initial Dispute Resolution and Notification. You agree that before initiating any Dispute or arbitration proceeding, we will attempt to negotiate an informal resolution of any dispute. To begin this process, before initiating any arbitration proceeding, you must send a Notice of Dispute (“Notice”) by certified mail to the attention of LIT Method’s Business and Legal Affairs Department at 358 South La Cienega Blvd., Los Angeles CA 90048 . In the Notice, you must describe the nature and basis of the Dispute and the relief you are seeking. If we are unable to resolve the Dispute within 45 days after LIT Method’s receipt of the Notice, then you or LIT Method may initiate arbitration proceedings as set out below.
  4. Conducting Arbitration and Arbitration Rules. Any arbitration will be conducted by JAMS pursuant to its Streamlined Arbitration Rules and Procedures (the “JAMS Rules”) then in effect, except as modified by these Terms. The JAMS Rules are available at www.jamsadr.com or by calling 1-800-352-5267. A party who wishes to start arbitration must submit a written Demand for Arbitration to JAMS and give notice to the other party as specified in the JAMS Rules. JAMS provides a form Demand for Arbitration at www.jamsadr.com. JAMS will appoint an arbitrator that is either (1) a retired state court judge, or (2) a panel of 3 attorney who have been licensed to practice law in the state of California for at least 10 years. The arbitration will be conducted by an in-person hearing, unless we both agree otherwise. If JAMS fails or declines to conduct the arbitration for any reason, we will mutually select a different arbitration administrator. If we cannot agree, a court will appoint a different arbitration administrator.
    Any arbitration hearings will take place in Los Angeles county, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement. During the arbitration, both you and LIT Methodmay take one deposition of the opposing party, limited to 4 hours. If we cannot agree on a time and location for a deposition, the arbitrator will resolve any scheduling disputes.
  5. Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. If you assert a claim against LIT Method, you will be responsible for paying the required filing fee, administration and arbitrator fees and expenses.
  6. Class Action Waiver. YOU AND LIT METHOD AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ dispute is resolved through arbitration, neither JAMS nor the arbitrator may consolidate another person’s claims with your claims or otherwise preside over any form of a representative or class proceeding for any purpose. If this specific provision is found to be unenforceable, then the entirety of this Section 20 shall be null and void.
  7. Effect of Changes on Arbitration. Notwithstanding the provisions of Section 25 “Modification”, if LIT Methodchanges any of the terms of this Section 20 after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or the date of LIT Method’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and LIT Methodin accordance with the terms of this Section 20 as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
  8. Severability. With the exception of any of the provisions in Section 20(e) above, if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.

 

  1. Contracting Entities, Governing Law and Jurisdiction

These Terms shall be governed by the laws of the State of California, United States of America and/or LIT Method’s state of incorporation, without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply.

Subject to the agreements in Section 20 above, (i), the exclusive jurisdiction for all Disputes that are not required to be arbitrated will be the state and federal courts located in Los Angeles, California, United States of America and/or the state in which LIT Method is incorporated, and you consent to the jurisdiction of those courts.
LIT Method makes no representation that materials on this site are appropriate or available for use in locations outsides of the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.

 

  1. Interpretation; Severability; Waiver; Remedies

Headings are for convenience only and shall not be used to construe these Terms. If any term of these Terms is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from these Terms. No failure or delay by LIT Methodin exercising any right hereunder will waive any further exercise of that right. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of LIT Method. LIT Method’s rights and remedies hereunder are cumulative and not exclusive.

 

  1. Successors; Assignment; No Third Party Beneficiaries

These Terms are binding upon and will inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign or transfer these Terms without LIT Method’s prior written consent. LIT Methodmay assign its rights, obligations and/or these Terms at any time in its sole discretion without notice to you.

 

  1. Notices

You consent to receive all communications including notices, agreements, disclosures, or other information from LIT Methodelectronically. LIT Methodmay communicate by email or by posting to the LIT MethodService. For support-related inquiries and for all other non-legal notices, except as set forth herein above,please email info@litmethod.com.

Nothing in these Terms or otherwise limits LIT Method’s right to object to subpoenas, claims, or other demands.

 

  1. Modification

We may update these Terms at any time, in our sole discretion. If we do so, we’ll let you know by, at a minimum, posting the updated Terms (as indicated by a revised “Last Updated” date at the top of this page) on the LIT MethodSite and/or through the LIT MethodService. Modifications will be effective on the date that they are posted to the LIT MethodSite. It’s important that you review the Terms whenever we update them before you use the LIT MethodService. If you continue to use the LIT MethodService after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you don’t agree to be bound by the updated Terms, then, except as otherwise provided in Section 20(f) “Effect of Changes on Arbitration,” you may not use the LIT MethodService anymore. Because the LIT MethodService is evolving over time we may change or discontinue all or any part of the LIT MethodService, at any time and without notice, at our sole discretion.

 

  1. Entire Agreement

These Terms incorporate the following legal documents by reference, as well as any other policies or procedures referenced herein that are posted to the LIT MethodSite from time to time, including but not limited to the Privacy Policy and Warranty.

 

  1. Force Majeure

Neither Party shall be liable for any failure or delay in performance under these terms (other than for delay in the payment of money due and payable in accordance with these terms) for causes beyond the party’s reasonable control and not caused by that party’s fault, or negligence, including, but not limited to, “acts of God”, acts of government, flood, fire, civil unrest, acts of terror, pandemics, strikes or other labor problems, computer attacks or malicious acts, such as attacks on or through the internet, any internet service provider, telecommunications or hosting facility, but in each case, only if and to the extent that the non-performing Party is without fault in causing such failure or delay, and the failure or delay could not have been prevented by reasonable precautions and measures and cannot reasonably be circumvented by the non-conforming Party through the use of alternate sources, workaround plans, disaster recovery, business continuity measures or other means. Dates by which performance obligations are scheduled to be met will be extended for a period of time equal to the time lost due to any delay so caused.