Welcome to www.branchfitness.com. This web application (“Branch Fitness”) is a service of Branch Fitness LLC, incorporated in South Carolina of the United States. These Terms of Service ("Terms") govern your access to and use of Branch Fitness LLC’s website and services which are hereafter referred to as (“Branch Fitness”), (“Site”), or ("Service").
The Branch Fitness Service is provided to you free-of-charge. There is an option to become a premium member of the Service, which requires payment. The parts of the Service that require payment are hereafter referred to as (“Premium Account”) or (“Premium Service”). There is information outlined in these Terms of Service that only relates to Premium Accounts. This information is outlined in section 6 below. If you are not a premium member of Branch Fitness, then section 6 does not apply to you.
All images and assets that are not explicitly credited to another party, author, or contributor are the sole property of Branch Fitness LLC. No images and assets on the Branch Fitness Service may be copied, modified, used, or distributed outside of the Branch Fitness Service without the express written consent of Branch Fitness LLC.
Fitness Risks and Liability Release
Fitness programs and physical activity have inherent risks. Before starting any exercise, workout, or fitness program you should consult with a licensed medical professional. Branch Fitness LLC makes no claims regarding the suitability of the content on the Service, user generated or otherwise, and in no form does the content on the site constitute medical advice. By using the Service, you agree that you waive, release, and discharge Branch Fitness LLC and all content contributors on the site from any and all liability, including but not limited to, liability arising from death, disability, personal injury, property damage, or actions of any kind which may occur to you from taking action on any of the content found on the Service.
Content Liability Release
Branch Fitness LLC makes no representations or warranties of any kind or nature with respect to any of the information or content posted on the Service. This content may include any fitness programs, workouts, exercise versions, exercises, or content posted in association with any of these resources, posted by Branch Fitness LLC or any other users of the service.
Branch Fitness LLC hereby disclaims all representations and warranties, whether express or implied, created by law, contract or otherwise, including, without limitation, any warranties of merchantability, fitness for a particular purpose, title or non-infringement.
In no event shall Branch Fitness LLC be liable for any damages of any kind or nature, including, without limitation, direct, indirect, special (including loss of profit) consequential or incidental damages arising from or in connection with the existence or use of this Service and/or the information or content posted on this Service, regardless of whether Branch Fitness LLC has been advised as to the possibility of such damages.
Branch Fitness LLC is not responsible, and provides no warranty whatsoever, for the accuracy, effectiveness, timeliness and suitability of any information or content obtained from third parties, including any hyperlinks to or from third-party sites.
You may use our Services only if you can form a binding contract with Branch Fitness LLC, and only in compliance with these Terms and all applicable laws.
- You must provide your name, a valid email address, and any other information requested in order to complete the signup process.
- You must be at least 13 years of age. Any use or access of the Service by anyone under 13 years old is prohibited.
- If you open an account on behalf of a company, organization, or other entity, then "you" includes you and that entity, and you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity's behalf.
- You are responsible for maintaining the security of your account and password. We cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all content posted and activity that occurs under your account.
- You must be a human. No automated sign up methods are permitted.
- You may not use the Service for any illegal purpose or to violate any laws in your jurisdiction (including but not limited to copyright laws).
- Your account may only be used by one person.
- Your use of the Service is at your own risk. The Service is provided on an “as is” and “as available” basis without any warranty of any kind.
- We reserve the right, but have no obligation, to remove any content for any reason, including but not limited to content that violates copyright laws, content that does not adhere to our publishing guidelines, or content that violates copyright law.
- Branch Fitness LLC reserves the right to disable or suspend any user’s account at any time for any or no reason.
- While we take certain precautions to protect the security of your account and content, we cannot guarantee that third parties will not circumvent our security measures. In no event shall Branch Fitness LLC , through our fault or otherwise, be liable for any damages of any kind or nature resulting from any data loss, security breach, or technical failure of the Service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Branch Fitness LLC.
- You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.
- You agree that these Terms of Service and your use of the Service are governed under South Carolina law.
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may, but have no obligation to, monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Branch Fitness LLC be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services.
A premium account is a specific user account type with added functionality and options to use the Branch Fitness Service. Premium Accounts specifically offer users of the Service a way to publish and share their content with other users and visitors of the Service. Premium Accounts adhere to all terms outlined in these Terms of Service. In addition, the following terms and services apply to Premium Members.
Premium Account Terms
All account terms from the Terms of Service apply to Premium Account users. The following account terms also apply:
You agree to provide accurate information including your full name, email address, billing address, and contact information.
You agree to provide factual information regarding your company name and any profile information you submit.
You agree that any information you provide on behalf of a company, organization, or other entity, then "you" includes you and that entity, and you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity's behalf.
As a premium member, you have the option to publish or share your content and profile with all users and visitors of the Service. If you choose to publish or share your content, you grant us a non-exclusive, royalty-free license to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such content in any and all media or distribution methods. This may include, but is not limited to, displaying your content across the Service, in email newsletters, or in advertising or marketing materials. You may restrict our future use of such content at any time by removing your content from public view. In doing so, your content will no longer be seen by other users of the site, and we will remove your content from any and all public uses within 30 days.
We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit. For more information on our copyright policies please see section 7 of these Terms of Service.
When you publish any content on the Service you acknowledge that it becomes available and accessible by all visitors and users of the Service. All users have the right to save copies of your content to their individual “libraries”. Users will not be able to directly modify your content, but they do have the right and ability to link to and republish your content as a part of their fitness programs or workouts. Once you publish any content, including Programs, Workouts, or Exercise Versions, you lose the capability to edit this content. At any time, you may remove the content from public domain, which will prevent other users from republishing or sharing your content. However, any copies of your content that users have added to their libraries will remain visible and actionable for those users in their private accounts.
When you publish content, it goes through a review process. We reserve the right to prevent any content from becoming public for any or no reason, though we are not obligated to do so. We reserve the right to remove your content from public view at any time for any or no reason even after it has become approved.
Payment and Commerce Services, Refunds, and Service Terms
All paid plans must enter valid payment information. Free accounts are not required to provide payment information.
An upgrade from the free plan to the premium plan will immediately charge your credit or debit card.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
Price and terms of the Service is subject to change upon 30 days notice from us. Such notice may be provided at any time by email to the email address we have on record for your account, or by posting the changes to the Service itself.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Branch Fitness LLC follows the provisions of the Digital Millennium Copyright Act (“DMCA”). We have a policy that allows for the removal of copyrighted content and the removal of copyright offenders from the Service. If you feel that someone has infringed on your copyrighted work, you may file a copyright infringement notice with us. To file a copyright infringement notification with us, you will need to send a written or emailed communication that includes the following:
- Identification of the copyrighted work you claim is infringing, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Branch Fitness to locate the material. Provide the url(s) of any content that is claimed to be infringing.
- Your full contact information, including your full name, mailing address, telephone number, and email address.
- Include the following statements: "I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law”. "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You must provide notice of the above to Branch Fitness LLC’s copyright agent: