December 21, 2024
PLEASE READ THIS LEGAL DOCUMENT CAREFULLY. WorkMode LLC (referred to herein as "we," "us," or "WorkMode") provides an online coaching and fitness platform for athletes and enthusiasts, services, content, and features through WorkMode websites ("Sites") or device applications (including iOS and Android applications ("Apps")) and WorkMode-controlled social media pages (including on Instagram and TikTok). To make these Terms of Service (the "Terms") easier to read, the WorkMode Sites and Apps, together with the WorkMode-controlled social media pages, are collectively called the "WorkMode Service" or the "Services." By registering as a member or by visiting, downloading, browsing, or using the WorkMode Service in any way, you (as a "user") accept and agree to be bound by these Terms, which form a binding agreement between you and WorkMode.
PLEASE READ: THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER (SECTION 15). READ CAREFULLY, INCLUDING YOUR RIGHT, IF APPLICABLE, TO OPT OUT OF ARBITRATION. EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN SECTION 15 BELOW, OR WHERE PROHIBITED BY LAW, BY ENTERING INTO THESE TERMS YOU EXPRESSLY AGREE THAT DISPUTES BETWEEN YOU AND WORKMODE 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 WorkMode Service. Certain elements of the WorkMode Service may be subject to additional terms and conditions specified from time to time; your use of those elements of the WorkMode Service is subject to those additional terms and conditions, which are incorporated into these Terms by this reference.
You must be at least thirteen (13) years old to become a Member (as defined below). If you are a parent or legal guardian of a Member under the age of eighteen (18) years, you are subject to these Terms and responsible for that Member’s activity on the WorkMode Service by allowing them to use the WorkMode Service.
We may, in our sole discretion, refuse to offer the WorkMode 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 WorkMode Service is revoked where these Terms or use of the WorkMode Service is prohibited or conflicts with any applicable law, rule, or regulation. Further, the WorkMode Service is offered only for your personal, non-commercial use and not for the use or benefit of any third party.
The WorkMode Service is licensed, not sold, to you, and you may use the WorkMode Service only as set forth in these Terms. Subject to your complete and ongoing compliance with these Terms and solely for so long as you are permitted by us to access and use the WorkMode Service, WorkMode grants you a limited, non-transferable, non-exclusive, revocable license to access and use the WorkMode Service for your own personal, non-commercial purposes—a right which may not be assigned or sublicensed to anyone. This license includes:
This license grant is subject to you agreeing to and abiding by the WorkMode Intellectual Property and DMCA policies (see Section 14), which are outlined below. This license will remain in effect unless and until you violate these Terms or this license is terminated by you or WorkMode.
Except as expressly permitted in writing by an authorized representative of WorkMode, you will not copy, reproduce, redistribute, upload, republish, transmit, post, modify, sell, transfer, create derivative works from, decompile, reverse engineer, or disassemble the WorkMode Service, nor will you take any measures to interfere with or damage the WorkMode Service. Unless otherwise specified, copying or modifying any Content or using Content for any purpose other than your personal, non-commercial use of the WorkMode Service, including use of any such Content on any other website or networked computer environment, is strictly prohibited. All rights not expressly granted by WorkMode in these Terms are reserved.
Please review the [Privacy Policy] to learn about:
A "Member" is any individual who has registered for a WorkMode Membership intended for personal, non-commercial use.
To enjoy access to the WorkMode Service, you must register and create an account on the WorkMode Site, a WorkMode App, or a WorkMode Product. Memberships are offered free of charge. Members retain the right to cancel their Membership and close their account at their discretion.
A current and valid Membership, reflected through updated WorkMode account credentials, is a prerequisite for accessing classes, content, and features offered by the WorkMode Service. Continued use of the WorkMode Service is dependent upon Members logging in with their account credentials.
You may not use someone else’s name, or any name, location, other public profile information, or image that violates any third-party rights, is against the law, or that is offensive, obscene, or otherwise objectionable (in WorkMode's sole discretion).
You are responsible for the security of your account and are fully responsible for all activity that occurs through the use of your credentials, including any activity by unauthorized users. You may not allow others to use your account; this includes furnishing your username and password to third-party developed applications to connect to your account for any reason. You must safeguard the confidentiality of your password, and if you are using a device that others have access to, log out of your account after using the WorkMode Service. If you suspect or know of any unauthorized use of your log-in credentials, unauthorized access to your account, or any other breach of security with respect to your account, change your password and immediately notify our support team at support@workmodeapp.com. WorkMode will not be liable for any loss or damage arising from unauthorized use of your credentials prior to you notifying WorkMode of such unauthorized use or loss of your credentials.
These Terms begin on the date you first use the WorkMode Service and continue as long as you have an account and active Membership with us and/or continue to use the WorkMode Service.
You may terminate these Terms by sending written notification to WorkMode at support@workmodeapp.com, deleting the App from your mobile device, and terminating all other uses of the WorkMode Service. WorkMode may, in its sole discretion, suspend, disable, or delete your account (and all or a portion of your Membership), or restrict your use of all or any of the WorkMode Service if WorkMode determines that you have violated these Terms or that your conduct would tend to damage WorkMode’s reputation or goodwill. WorkMode may block your access to the WorkMode Service to prevent re-registration.
Upon termination of these Terms, all licenses granted by WorkMode will terminate. The following sections survive termination: Privacy (Section 3), Indemnification (Section 9), No Warranties (Section 11), Limitation of Liability (Section 12), Safety Warnings (Section 13), Intellectual Property (Section 14), Arbitration Requirement & Class Action Waiver (Section 15), Governing Law and Jurisdiction (Section 16), and all general provisions. For clarity, if you cancel your Membership, close your account, or if your Membership is terminated for any reason, you will lose access to all classes and any other Content or features provided through the WorkMode Service.
Subject to your complete and ongoing compliance with these Terms, WorkMode grants 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:
WorkMode reserves all rights in and to the App not expressly granted to you under these Terms.
The following terms apply to any App accessed through or downloaded from any app store or distribution platform (e.g., the Apple App Store or Google Play) where the App may now or in the future be made available (each an "App Provider"). You acknowledge and agree that:
You agree not to do any of the following:
There may be links on the WorkMode Service that let you leave the particular WorkMode Service you are accessing to access a linked site that is operated by a third party. WorkMode neither controls nor endorses these sites, nor has WorkMode reviewed or approved the content that appears on them. WorkMode is 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 WorkMode is 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.
You agree to indemnify, defend, and hold harmless WorkMode and its directors, officers, employees, and agents from and against all claims, damages, losses, and costs that arise from or relate to:
WorkMode reserves the right to modify the WorkMode Service, including, but not limited to, updating, adding to, enhancing, modifying, removing, or altering any Content or features of the WorkMode Service, 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 WorkMode Service. WorkMode has no obligation to screen or monitor any Content and does not guarantee that any Content available on the WorkMode Service is suitable for all users or that it will continue to be available for any length of time.
WorkMode provides the WorkMode Service on an "AS IS" and "AS AVAILABLE" basis. You therefore use the WorkMode Service at your own risk. Other than as expressly provided in writing by WorkMode in connection with your use of a WorkMode product, to the extent permitted by law, WorkMode expressly 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, WorkMode makes no representations or warranties:
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 THIRTY (30) DAYS AFTER THE DATE ON WHICH YOU FIRST USED THE WORKMODE SERVICE, AND NO WARRANTIES SHALL APPLY AFTER SUCH PERIOD.
To the fullest extent permitted by law, WorkMode 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 WorkMode Service or Content, or other intangible losses, even if a limited remedy set forth herein is found to have failed its essential purpose.
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 WorkMode'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 WorkMode and you.
THE WORKMODE 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 HEALTHCARE 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 WORKMODE SITE OR HEARD ON THE WORKMODE SERVICE. THE USE OF INFORMATION PROVIDED THROUGH THE WORKMODE SERVICE IS SOLELY AT YOUR OWN RISK AND IS NOT MEDICAL OR HEALTHCARE ADVICE.
NOTHING STATED OR POSTED ON THE WORKMODE SITE OR AVAILABLE THROUGH ANY WORKMODE 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 WORKMODE SERVICE IS CONTINUALLY UNDER DEVELOPMENT AND, TO THE FULL EXTENT PERMITTED BY LAW, WORKMODE 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 WORKMODE SERVICE WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.
In becoming a Member of WorkMode with the intent of using the WorkMode Service, you affirm that either:
(A) All of the following statements are true:
OR
(B) Your physician or general practitioner has been specifically consulted by you and approved of your use of the WorkMode Service.
If applicable, you further affirm that:
WorkMode reserves the right to refuse, cancel, or terminate your Membership if we determine that you have certain medical conditions or that the representations set forth above are untrue in any respect.
These WorkMode Intellectual Property and DMCA terms set forth additional requirements, guidelines, rights, and licenses regarding WorkMode’s intellectual property and the intellectual property of others. These terms also apply to WorkMode licensees, developers, Members, customers, and other parties wishing to use our intellectual property.
You acknowledge and agree that your use of the WorkMode Services and any Content contained therein is dependent upon you agreeing to and abiding by the WorkMode Intellectual Property and DMCA terms at all times. You further acknowledge that the WorkMode Service 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 WorkMode-generated content, and content provided to WorkMode by 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 WorkMode, WorkMode owns intellectual property rights in the selection, coordination, arrangement, and enhancement of all content in the WorkMode Service.
IMPORTANT – PLEASE REVIEW AS THIS MAY AFFECT YOUR LEGAL RIGHTS. APPLICABLE TO THE FULL EXTENT PERMITTED BY LAW.
You agree that any dispute or claim relating in any way to your access or use of the WorkMode Service or to any aspect of your relationship with WorkMode will be resolved by binding arbitration rather than in court, except that (1) you may assert claims in small claims court if your claims qualify; and (2) you or WorkMode may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).
The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to WorkMode at the following address:
651 N Broad Street, Suite 201, Middletown, DE 19709.
The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys' fees and interest, shall be subject to JAMS' most current version of the Streamlined Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’ most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’ rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum.
The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of the parties. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim, and to award monetary damages and grant any non-monetary remedy or relief available under applicable law, the arbitral forum’s rules, and the Terms (including this Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator’s award is final and binding upon both parties.
YOU AND WORKMODE HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. Both parties are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. An arbitrator can award on an individual basis the same damages and relief as a court and must follow these Terms as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A COLLECTIVE CLASS BASIS; ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any part of this subsection’s limitations as to a given claim for relief, then that claim must be severed from the arbitration and brought in the state or federal courts located in the State of Delaware. All other claims shall be arbitrated.
You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the following address:
651 N Broad Street, Suite 201, Middletown, DE 19709,
within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address you used to set up your account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements you may currently have, or may enter in the future, with WorkMode.
Except as provided above, if any part(s) of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part(s) shall be of no force and effect and shall be severed, and the remainder of the Arbitration Agreement shall continue in full force and effect.
This Arbitration Agreement will survive the termination of your relationship with WorkMode.
Notwithstanding any provision in these Terms to the contrary, if WorkMode makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing to WorkMode at:
651 N Broad Street, Suite 201, Middletown, DE 19709.
These Terms shall be governed by the laws of the State of Delaware, United States of America, without regard to principles of conflicts of law.
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 WorkMode in 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 WorkMode. WorkMode’s rights and remedies hereunder are cumulative and not exclusive.
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 WorkMode’s prior written consent. WorkMode may assign its rights, obligations, and/or these Terms at any time, in its sole discretion, without notice to you.
You consent to receive all communications including notices, agreements, disclosures, or other information from WorkMode electronically. WorkMode may communicate by email or by posting to the WorkMode Service. For support-related inquiries, you may email us at support@workmodeapp.com. For all other notices to WorkMode, write to the following address:
651 N Broad Street, Suite 201
Middletown, DE 19709
Nothing in these Terms or elsewhere shall limit WorkMode’s right to object to subpoenas, claims, or other demands, or legal processes.
We may update these Terms at any time in our sole discretion. If we do so, we will 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 WorkMode Site, through the WorkMode Service, or other appropriate means of electronic communication (including an email to the address you provide during account registration). Modifications will be effective on the date that they are posted to the WorkMode Site. It is important that you review the Terms whenever we update them before you use the WorkMode Service. If you continue to use the WorkMode Service after we have posted updated Terms, you agree to be bound by the updated Terms. If you do not agree to be bound by the updated Terms, then, except as otherwise provided in Section 14.9 ("Effect of Changes on Arbitration"), you may not use the WorkMode Service anymore. Because the WorkMode Service is evolving over time, we may change or discontinue all or any part of the WorkMode Service, at any time and without notice, at our sole discretion.
These Terms incorporate the following legal documents by reference, as well as any other policies or procedures referenced herein that are posted to the WorkMode Site from time to time:
In the event of a conflict between any policies posted on the WorkMode Service and these Terms, these Terms will control. These Terms represent the entire understanding between WorkMode and you regarding the WorkMode Service or Content and supersede all prior agreements and understandings regarding the same. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect.
Neither party shall be liable for any failure or delay in performance under 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, 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.
Thank you for reading our Terms of Service. If you have any questions, please contact us.