iChuze Terms and Conditions of Use

Last Updated: June 30, 2020

Rachas, Inc and its affiliates, subsidiaries and parent companies (collectively, "iChuze, “Chuze Fitness", "us", "we" or "our") are pleased to provide you with access to and use of our websites, applications, content, streaming services, products, goods, equipment, services, promotions, software, technology and any other materials that we may provide.

iChuze IS NOT INTENDED FOR ANYONE UNDER THE AGE OF 13. IF YOU ARE 13 TO 17 YEARS OF AGE, YOU MAY ONLY ACCESS AND/OR USE ANY iChuze CONTENT WITH THE INVOLVEMENT AND APPROVAL OF YOUR PARENT OR GUARDIAN.

1. Contract Between You and iChuze; Privacy Policy

These Terms and Conditions of Use ("Terms") and our Privacy Policy form a legally binding agreement between you and iChuze, and govern your access and use, and our provision of, iChuze and any other technology, content, items or other materials provided by or through iChuze, or otherwise on which these Terms are provided (including via links).  BY ACCESSING OR USING ANY iChuze SERVICE, YOU AGREE TO BE BOUND AND ABIDE BY THESE TERMS, OUR PRIVACY POLICY AND ANY AMENDMENTS THERETO, AND YOU AGREE YOU ARE AT LEAST 13 YEARS OF AGE. PLEASE READ THESE TERMS CAREFULLY BEFORE USING ANY iChuze CONTENT, ESPECIALLY SINCE THESE TERMS MAY AFFECT YOUR LEGAL RIGHTS, SUCH AS REQUIRING BINDING INDIVIDUAL ARBITRATION, AND LIMITING YOUR RIGHT TO BRING A LAWSUIT OR CLASS ACTION – SEE SECTION 9 BELOW FOR RESOLUTION OF DISPUTES BETWEEN YOU AND iChuze. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY CEASE USE OF ANY iChuze CONTENT.

Supplemental terms and conditions may apply to certain iChuze content, such as rules for a particular contest, sweepstakes, competition, or activity, or terms that may accompany certain content, software or other materials accessible through iChuze ("Supplemental Terms").

2. Changes to These Terms

We may in our sole and absolute discretion change these Terms or our Privacy Policy from time to time to comply with laws or to meet our changing business requirements. These revisions shall be effective immediately upon being posted to iChuze. If you do not agree with any of the changes, you must discontinue using any and all iChuze content. By continuing to use any iChuze content you expressly accept any applicable changes.

3.Third Party Services and Content

Certain iChuze content may integrate, be integrated into, or be provided in connection with third-party websites, services, applications, tools, interfaces, content, and/or materials ("Third-Party Services"). We do not review or control any Third-Party Services. We additionally make no claim or representation regarding, and accept no responsibility for, the quality, content, nature, or reliability of Third-Party Services accessible from our websites, apps, software or any other element of iChuze. There is no implied affiliation, endorsement or adoption by iChuze of these Third-Party Services and we shall not be responsible for any content provided on or through these Third-Party Services. You should read the terms of use and privacy policies that separately apply to these Third-Party Services.

Certain opinions, advice, statements, or other information, including without limitation, food, nutrition and exercise data, may be made available by third parties through or in connection with iChuze ("Third-Party Content"). This Third-Party Content belongs to the respective authors or providers of the applicable Third-Party Content and these authors and providers are solely responsible for the Third-Party Content they provide in connection with iChuze. iChuze DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD-PARTY CONTENT ON ANY iChuze SERVICE; OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE BY A THIRD-PARTY AS PART OF ANY THIRD-PARTY CONTENT. UNDER NO CIRCUMSTANCES WILL iChuze BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON THIRD-PARTY CONTENT POSTED ON iChuze OR TRANSMITTED TO OR BY ANY THIRD-PARTY IN CONNECTION WITH iChuze.

3. Disclaimer of Warranties

YOU ACKNOWLEDGE AND AGREE iChuze, INCLUDING WITHOUT LIMITATION, ANY PRODUCTS, GOODS, SERVICES, WEBSITES, APPLICATIONS, HEALTH, FITNESS, NUTRITION AND WELLNESS CONTENT AND ADVICE, OR ANY OTHER INFORMATION PROVIDED THEREIN ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS, ERRORS AND OMISSIONS, AND WITHOUT ANY PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND. WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING iChuze, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, UPTIME, ACCESSIBILITY, AND WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE. WE MAKE NO GUARANTEE OR WARRANTY THAT THE iChuze SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THEY WILL BE UNINTERRUPTED OR ERROR-FREE. WE FURTHER MAKE NO GUARANTEE OR WARRANTY AS TO THE PARTICULAR HEALTH AND WELLNESS GOALS, RESULTS, BENEFITS OR OUTCOMES THAT MAY BE ACHIEVED OR OBTAINED THROUGH USE OF ANY iChuze CONTENT. YOU AGREE TO USE iChuze AT YOUR SOLE RISK.

YOU WILL NOT HOLD iChuze OR ITS THIRD-PARTY SERVICE PROVIDERS, LICENSORS AND SUPPLIERS, AS APPLICABLE, RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF iChuze, INCLUDING WITHOUT LIMITATION ANY LOSS OR DAMAGE TO ANY OF YOUR COMPUTERS OR DATA, AS iChuze MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.

YOU ACKNOWLEDGE THAT WE DO NOT CONTROL ANY ADVERTISEMENTS, PRODUCT DESCRIPTIONS, PRODUCTS, OR CONTENT OFFERED BY THIRD PARTIES ON OR THROUGH OUR WEBSITES, INCLUDING WITHOUT LIMITATION, INFORMATION OR PRODUCTS PROVIDED BY LICENSE TO US FROM THIRD PARTIES. CERTAIN WARRANTIES WITH RESPECT TO PARTICULAR PRODUCTS/SERVICES ACCESSED FOR SALE THROUGH OUR WEBSITES MAY BE AVAILABLE THROUGH MANUFACTURERS' WARRANTIES, THOUGH NOT THROUGH iChuze; PLEASE READ THE WARRANTIES INCLUDED IN THE DOCUMENTATION PROVIDED ALONG WITH THOSE PRODUCTS/SERVICES FOR FURTHER DETAILS. EXCEPT AS OTHERWISE AGREED IN WRITING, WE ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, OR USEFULNESS OF THIRD-PARTY CONTENT, THIRD-PARTY SERVICES, OR THIRD-PARTY PRODUCTS (INCLUDING PRODUCT DESCRIPTIONS) DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH OUR WEBSITES.

4. Mobile Networks; Texting

When you access any iChuze content through a mobile network, such as one of our mobile applications, or you sign up for our text message programs, your network or roaming provider’s messaging, data and other rates and fees may apply. Not all iChuze content may work with your network provider or device.

When you sign up to receive text messages from us, you acknowledge and agree you will receive such text messages using an autodialer to the number you provide, and that your consent for us to send you text messages is not a condition of purchasing any iChuze content. Not all carriers may be included within our text messaging programs. You are free to opt-out of receiving text messages from us at any time. Please see any additional instructions provided to you at the time you sign up.

5. Public Forums

Certain iChuze content include public forums, which include without limitation, discussion forums, message boards, blogs, chat rooms or instant messaging features. You acknowledge these public forums are for public and not private communications. You further acknowledge that any User Generated Content you upload, submit, post, transmit, communicate, share or exchange by means of any public forum may be viewed on the Internet by the general public, and therefore, you have no expectation of privacy with regard to any such submission or posting. You are, and shall remain, solely responsible for the User Generated Content you upload, submit, post, transmit, communicate, share or exchange by means of any public forum and for the consequences of submitting or posting the same. You acknowledge and agree iChuze is not responsible for any content posted on public forums by any third parties, including without limitation any content which you may find illegal, infringing, false, defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, negative, offensive or harmful.

6. User Conduct

You must only use iChuze for lawful purposes, and you must not use them in a way that infringes the rights of anyone else or that restricts or inhibits anyone else's enjoyment of any iChuze content. In using any iChuze content, and in particular, our website, you expressly acknowledge you are prohibited from, and agree that you will not without our prior express written consent:

1. copy, reproduce, or improperly use, post, or access any content on iChuze;
2. modify, distribute, or re-post any content on iChuze for any purpose;
3. use the content on iChuze for any commercial exploitation whatsoever;
4. disrupt or interfere with the security of, or otherwise abuse, iChuze, or any services, system resources, accounts, servers, or networks connected to or accessible through iChuze or affiliated or linked sites;
5. use iChuze name, trademark, or product name without iChuze's express written consent;
6. share your account information, use another individual’s account information, or allow any person besides yourself to use your account to access the iChuze; and
7. download or otherwise attempt to obtain unauthorized access to iChuze content or other materials.

5. Your Account; Passwords

iChuze will require you to create an account to enjoy our services. You agree to provide and maintain accurate, current and complete information for your accounts, including as applicable, your name, contact, and payment information. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, image, photo or likeness, or if applicable, provide false details for a parent or guardian. You agree that we may take steps to verify the accuracy of information you provide.

You are responsible for maintaining the confidentiality of your username and password, and you are responsible for all activities under your account that you can reasonably control. You may not share your password or other login information with any person; any use of your account by any person other than yourself is grounds for suspension or termination of your account. iChuze will not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge.

6. Your Personal and Payment Information

When you provide any information to us for any reason, such as to sign up for an offer, use our mobile applications, or purchase iChuze, you agree to only provide true, accurate, current, and complete information. By providing any credit card or other payment card information to us, you represent that such payment information is correct, and belongs to you or you have the authority to use such payment card. In the case of e-mail, you must provide an accurate email address that is registered to you. You are responsible for promptly updating your information with any changes, especially to keep your billing information current. You must promptly notify us if your payment card is cancelled (for example, for loss or theft). To help keep your account current and prevent service interruption, you acknowledge iChuze may update your payment card information on file when it is set to expire or based on updates it receives from the bank that issues your payment card.

7. IMPORTANT AUTOMATIC RENEWAL AND SUBSCRIPTION-BASED PRODUCTS

We offer certain products and  services on an automatic or subscription basis, so you can enjoy all the benefits of our products or services on a continuous basis. If you choose this option at the time of your purchase, you agree such products/services will automatically renew at the frequency disclosed to you at the time of your initial purchase (i.e., monthly, quarterly or annual basis, etc.). By choosing the automatic subscription option, you acknowledge and agree your subscription will automatically renew, and unless and until you cancel, you authorize us to charge your payment card for the products/services you continue to purchase, plus applicable shipping and handling, and taxes. If you purchased a subscription with a free trial period, you authorize us to charge your payment card when the free trial period ends, unless you cancel your subscription before the free trial period ends, and you will not receive a notice from us that your free trial period has ended. The charges will typically occur on or around the same day of the month as your initial purchase, although some charges may be delayed for business or legal reasons. Your automatic subscription will continue until you or iChuze cancels your order. If there are any changes to your subscription terms, such as pricing, frequency, date of charge or any other items, we will take commercially reasonable efforts to inform you in writing of such change. You may modify or cancel your subscription at any time by accessing “My Account” from the top navigation menu of the iChuze website, select billing and locate your subscription plan at the bottom of the page, click Change Plan and Cancel Membership. Your membership will be cancelled and your access will be removed at the end of your current payment period.

8. Important Notice About Our Fitness Content

The content on iChuze Does Not Constitute Medical Advice or Other Professional Healthcare Advice. Although iChuze provides its content with your health and safety in mind, each individual has their own limitations and it is therefore critical that you consult your physician or other licensed healthcare provider for necessary medical or appropriate care, follow all safety and other instructions provided by iChuze, and obtain appropriate authorization before accessing or using any iChuze content, especially if you are prone to injuries, are pregnant or nursing, or have any other unique or special medical conditions. ALL iChuze CONTENT ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY, AND ARE NOT INTENDED TO DIAGNOSE ANY MEDICAL OR HEALTHCARE CONDITION, REPLACE THE ADVICE OF A LICENSED HEALTHCARE PROFESSIONAL, OR PROVIDE ANY MEDICAL ADVICE, OPINION, DIAGNOSIS, TREATMENT OR GUARANTEE. The information made available on or through iChuze should not be relied upon when making medical or other important healthcare decisions. iChuze DOES NOT PROVIDE CLINICAL SERVICES. iChuze REPRESENTATIVES AND SERVICES ARE NOT FUNCTIONING IN ANY CLINICAL OR LICENSED MEDICAL OR PSYCHOLOGICAL CAPACITY; SUCH INDIVIDUALS ARE SOLELY PROVIDING INFORMATIONAL AND EDUCATIONAL SELF-HELP RESOURCES. YOUR USE OF iChuze DOES NOT CREATE A DOCTOR-PATIENT, PROFESSIONAL-CLIENT, OR SIMILAR RELATIONSHIP BETWEEN YOU AND iChuze.

Assumption of Risk. You expressly acknowledge and agree that your access, use and/or involvement with iChuze may involve potentially dangerous and physical activities that may lead to personal and/or bodily injury, death, temporary or permanent disability, loss of services, loss of consortium, or damage to or loss of property or privacy. You hereby acknowledge and willingly accept these risks and agree to unconditionally release and hold harmless iChuze from and against all claims, suits, damages, losses, causes of action, costs, expenses or liability arising out of or related to your access, use and/or involvement with iChuze.

9. Indemnification; Limitation of Liability

Indemnification. You agree to indemnify and hold iChuze, its parents, subsidiaries, affiliates, shareholders, officers, directors, employees, agents, and suppliers harmless from and against any claim, action, demand, loss, suit, or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to your improper use of any iChuze content, your violation of these Terms, or your violation of any rights of a third party.

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL iChuze OR ITS SERVICE PROVIDERS, LICENSORS OR SUPPLIERS BE LIABLE FOR SPECIAL, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, LOST PROFITS, LOST DATA OR CONFIDENTIAL OR OTHER INFORMATION, LOSS OF PRIVACY, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, OR OTHERWISE, REGARDLESS OF THE FORESEEABILITY AND/OR IF WE WERE ADVISED OF SUCH DAMAGES OR OF ANY ADVICE OR NOTICE GIVEN TO iChuze OR ITS SERVICE PROVIDERS, LICENSORS AND SUPPLIERS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF ANY iChuze CONTENT. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. ADDITIONALLY, THE MAXIMUM LIABILITY OF iChuze AND ITS SERVICE PROVIDERS, LICENSORS AND SUPPLIERS TO YOU UNDER ALL CIRCUMSTANCES WILL BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU IN THE LAST NINETY (90) DAYS TO iChuze FOR ANY iChuze CONTENT. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN iChuze AND YOU. iChuze WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. iChuze WILL NOT BE LIABLE FOR FAILURE TO PERFORM ANY OBLIGATION UNDER THESE TERMS IF SUCH FAILURE IS CAUSED BY THE OCCURRENCE OF ANY UNFORESEEN CIRCUMSTANCE BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET OUTAGES, COMMUNICATIONS OUTAGES, FIRE, FLOOD, NATURAL DISASTER, CIVIL UNREST OR WAR.

Miscellaneous

Governing Law. You agree that the laws of the State of California, without regard to principles of conflict of laws, will exclusively govern these Terms and Conditions and any Dispute between you and iChuze. As iChuze are controlled by iChuze from California, California law will apply regardless of your residence or the location where you use iChuze.

International Users. Our websites are controlled, operated, and administered by iChuze from its offices within the United States of America. iChuze makes no representation or warranty that the materials contained within iChuze are appropriate or available for use at locations outside of the United States, and access to them from territories where the contents or products available through iChuze are illegal is prohibited. You may not use iChuze or export iChuze in violation of U.S. export laws and regulations. If you access iChuze from a location outside of the United States, you are responsible for compliance with any and all local laws, rules, regulations and ordinances.

Notices. All notices required or permitted to be given under these Terms must be in writing. iChuze may provide you notice by sending you an email to the address on file with us, which you agree electronically satisfies any legal requirement that such notice be in writing. YOU BEAR THE SOLE RESPONSIBILITY OF ENSURING THAT YOUR EMAIL ADDRESS ON FILE WITH iChuze IS ACCURATE AND CURRENT, AND NOTICE TO YOU SHALL BE DEEMED EFFECTIVE UPON THE SENDING BY iChuze OF AN EMAIL TO THAT ADDRESS. You shall give any notice to iChuze by means of U.S. mail, postage prepaid, to iChuze, 1011 Camino Del Rio South, San Diego, CA 92108 Attn: Legal Department. Such notice to iChuze shall be effective upon receipt of notice by iChuze.

Severability. If any provision of these Terms or a part thereof, shall be unlawful, void or for any reason unenforceable, then that provision or part thereof shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions or parts thereof.

Termination. Notwithstanding anything to the contrary in these Terms, iChuze reserves the right, without notice and in its sole and absolute discretion, for any reason or no reason, to terminate your access and use of iChuze, including to block or prevent your access and use of any of our websites. You agree that iChuze shall not be liable for any interruption or termination of your access and/or use of our websites.

No Third Party Beneficiaries. Except as set forth in these Terms, only you and iChuze may enforce these Terms; no third party shall be entitled to enforce these Terms.

Waiver. No waiver of any provision of these Terms by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing signed by the Chief Administration Officer of iChuze in order to be effective.

Assignment. iChuze may assign these Terms to any person or entity at any time, for any reason, with or without notice to you.

Amendments; Entire Agreement. These Terms may not be amended unless in a signed writing by the Chief Administration Officer of iChuze. These Terms constitute the final, exclusive and complete agreement between you and iChuze regarding the subject matter hereof and supersede all agreements, communications and course of dealings between you and iChuze.

Language. It is the express intent of the parties that these Terms and all related documents have been written in English.

The information provided on this website was originally intended for a US audience. Regulations in your country may vary.

Consult your physician and follow all safety instructions before beginning any exercise program or nutrition plan, or using any supplement or meal replacement product, especially if you are pregnant, breastfeeding, have any medical condition, or are taking any medication. The contents on our website are for informational purposes only, and are not intended to diagnose any medical condition, replace the advice of a healthcare professional, or provide any medical advice, diagnosis, or treatment.

Rachas, Inc is the owner of the iChuze trademarks, and all related designs, trademarks, copyrights, and other intellectual property.