Last Updated: September 13, 2021
To register with and use the Services, you must be 18 years or older and/or be of legal age in your jurisdiction of residence, or be between the age of 13 and 17 and obtain the express permission of your parent or legal guardian. If you are under the age of 13, you are not permitted to use any of the Services or submit any personally identifiable information to THICKER.
USE OF THE SERVICES
3.1 Account Registration
3.2 Ownership of Content
Unless otherwise indicated, the content of the Services, including, but not limited to, all information, the design, text, images, graphics, audio clips, video clips, metadata, data, selection and arrangement of elements, organization, and the design, compilation, and other matters related to the Services (collectively, “Content”) and the source and object code, format, algorithm, and structure of the Application are protected under applicable intellectual property and other laws, including, without limitation, those of the United States and Canada. All Content and intellectual property rights herein are the property of THICKER or used with the permission of the rights owner and are protected pursuant to applicable intellectual property laws. The posting of any Content on the Services does not constitute a waiver of any right in such Content. The reproduction, duplication, distribution (including by way of email or other electronic means), publication (including posting on another website) modification, copying or transmission of Content from the Application or the Site in any form or by any means is strictly prohibited without the express prior written consent of THICKER. Requests for permission to reproduce or distribute materials found on the Application or the Site can be made by contacting THICKER by email at email@example.com. The Content may only be used for personal, non-commercial purposes.
3.3 THICKER Marks
The THICKER logo and all page headers, custom graphics, button icons, trademarks, service marks and logos appearing in the Application or the Site, unless otherwise noted, are service marks, trademarks (whether registered or not) and/or trade dress of THICKER (the “Marks”). You are not authorized to display or use the Marks in any manner without the express prior written consent of THICKER. The use or misuse of the Marks or other trademarks, names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited. All other product and company names and trademarks mentioned, displayed, cited or otherwise indicated on the Site or in the Application are the property of their respective owners.
3.4 License Grant
3.5 Usage Restrictions
You shall not:
3.6 User Submissions; Rights You Grant THICKER
Rights you grant us. Except for (i) personally identifiable information such as names, addresses, and financial information, by submitting unsolicited information and content through the Services, you grant THICKER and each of its respective licensees, successors, and assigns a non-exclusive, worldwide, perpetual, fully-paid and royalty free license (with the right to sublicense) to store, use, copy, reproduce, modify, publicly perform, display, distribute, adapt, and create derivate works of, and to promote, market, and exploit such submission. By sending any unsolicited submission to us, you waive the right to make any claim against THICKER, its parents or affiliates related to use of the submission, including any claim of “moral rights” or attribution.
User submission restrictions. By uploading or submitting any content you represent and warrant that you own or have the necessary rights or licenses to submit such content. You also represent and warrant that any uploaded material does not:
Our right to take corrective action. We, in our sole discretion, reserve the right to monitor, remove, or edit any user content for any or no reason at any time. We may disclose your identity or other information about you to any third party who claims that user content submitted by you violates their legal rights, including intellectual property or privacy rights. We may take appropriate legal action, including referral to law enforcement authorities, for any illegal or unauthorized use of the Services. We have the right to cooperate with any law enforcement authorities or court orders requesting or directing us to disclose the identity or any other information of anyone posting materials on or through the Services. YOU WAIVE AND HOLD HARMLESS THICKER FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THICKER IN RESPONSE TO AN INVESTIGATION BY LAW ENFORCEMENT AUTHORITIES OR AS A CONSEQUENCE OF THICKER ACTIVITIES INTENDED TO COMPLY WITH LAW OR REGULATIONS.
3.7 Third Party Content
3.8 Additional Terms, Conditions, and Agreements
3.9 Apple App Store Terms
3.10 Mobile Networks; Texts
If you access the Services through a mobile network, or signup to receive text messages, your mobile network provider’s messaging, data, and other rates and fees may apply. We shall have no responsibility or liability for any data fees you incur through your use of the Services. Some features of the Services may be restricted by or may be incompatible with your mobile network or device.
If you subscribe to the THICKER Mobile Offers Program, you consent to the Mobile Offers Program Terms and Conditions. You understand that your consent to join the program is not a condition of any purchase from us and that you may opt-out of the program at any time.
3.11 Advertising and Links
THICKER SUBSCRIPTION, BILLING, AUTOMATIC RENEWALS, AND CANCELLATION
THICKER is the THICKER Digital Membership. THICKER offers access to exclusive premium content and features available for purchase as a subscription via the Application (the “THICKER Subscription”). The THICKER Subscription is currently only available to residents of the United States and by purchasing a THICKER Subscription, you represent and warrant that you are a resident of the United States. We reserve the right to modify the content, features, pricing, and availability of the THICKER Subscription at any time. The following terms are applicable if you purchase a THICKER Subscription via the Apple App Store or Google Play store (each, an “App Store”).
4.1 Billing and Fees
Payment authorization. If you make an in-app purchase of the THICKER Subscription via an App Store, you authorize the App Store to charge your credit card or other payment method for the THICKER Subscription at the rate applicable at the time of your initial agreement to subscribe (unless changed by us as described below), plus any applicable local, state, or federal taxes. You may be responsible for other charges imposed by your credit card provider or financial service provider in connection with your subscription. Billing for in-app purchases via an App Store will be processed by the App Store provider according to their terms and may be subject to other third party terms. The timing of your billing cycle may be subject to change (for example, due to a failure of your payment method caused by inadequate funds or an expired credit card).
Payment failures; chargebacks. If charges for which you are responsible for fail at the time payment is due, the App Store may continue to attempt to charge your payment method until such time as your payment method can successfully be charged and you will remain responsible for the payment of any such charges. You may be responsible for the costs associated with our efforts to collect amounts due to the extent permitted by applicable laws. If you contact your credit card or financial services provider to request a chargeback of any subscription fees due to us, we reserve the right to automatically terminate your account. If our investigation of the chargeback determines that there was a valid basis for the fees charged to you, we reserve the right, upon written notice to you, to charge you the reasonable costs associated with responding to your chargeback.
Subscription price changes. We reserve the right to make changes to your THICKER Subscription price, frequency, or date of charge. If the cost of your subscription increases, you will be provided with written notice prior to the billing period in which the change will become effective and you must opt into the price increase in order to continue to have access to your THICKER Subscription following the end of your current billing period.
4.2 Automatic Renewing Subscription
BY PURCHASING A THICKER SUBSCRIPTION, YOU AGREE THAT YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW ON A PERIODIC BASIS FOR THE RENEWAL PERIOD DISCLOSED TO YOU AT THE TIME OF YOUR PURCHASE AND WILL CONTINUE TO RENEW ON THAT BASIS UNTIL YOU CANCEL IN ACCORDANCE WITH THE CANCELLATION TERMS BELOW. You authorize the App Store to continue to charge your payment method for the price of your subscription, plus any applicable taxes, unless and until you cancel.
To avoid the automatic renewal of your subscription, you must cancel your subscription at least twenty-four (24) hours prior to the end of your current App Store billing cycle. If you cancel less than 24 hours before the end of your current billing cycle, your subscription will continue as scheduled and your cancellation will take effect at the end of the next billing cycle.
You may cancel your THICKER Subscription at any time by going to the subscriptions page in your App Store account or by following the instructions in the Application settings menu. If you cancel your subscription prior to the end of your subscription period, you will be entitled to continue to access your THICKER Subscription through to the end of your current subscription period. At the end of your subscription period, you will immediately lose all access to any premium Content or features provided through your THICKER Subscription. Please see our “No Refunds” policy below in Section 4.5.
4.4 Promotions and Trials
4.5 No Refunds
While you may cancel your THICKER Subscription at any time, we do not offer refunds or credits, except in our sole discretion, or as required by applicable laws. If we do issue a refund or credit, we are under no obligation to offer similar refunds or credits in the future.
5.3 Effect of Termination
We will not be liable to you or any third party for compensation or damages of any sort as a result of the termination of your account and the termination of your account will not preclude us from seeking any other right or remedy we may have under law or equity, now or in the future.
NOTICE OF COPYRIGHT INFRINGEMENT
If you believe that any material contained in the Services infringes your copyright, you should notify us of your copyright infringement claim in accordance with the following procedure. We will process notices of alleged infringement which we receive and will take appropriate action pursuant to the U.S. Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringement should be sent to THICKER by e-mail to firstname.lastname@example.org. To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. 512(c)(3)): (i) physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work(s) claimed to have been infringed; (iii) identification of the material that is claimed to be infringing and the location of such material on our Site or the Application; (iv) information to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address; (v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you are a user outside the United Sates and are not subject to the DMCA, you should notify us of your copyright infringement claim in writing and in accordance with the above procedure and other applicable intellectual property laws including, but not limited to, the Canadian Copyright Act.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SERVICES, INCLUDING THE APPLICATION, THE THICKER SUBSCRIPTION, THE SITE OR ITS CONTENTS, OR ANY SITE WITH WHICH IT IS LINKED, WHICH ARE EACH PROVIDED FOR USE “AS IS” AND ON AN “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICES, THE APPLICATION, THE SITE, THEIR CONTENTS, AND ANY SITE WITH WHICH THE SITE MAY BE LINKED. WE DO NOT WARRANT THAT THE APPLICATION, THE SITE, ITS SERVERS OR E-MAIL SENT FROM US WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES). WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE APPLICATION OR THE THICKER SUBSCRIPTION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE WITH ANY SOFTWARE, APPLICATIONS, HARDWARE, OR WHETHER INFORMATION ACCESSIBLE VIA THE APPLICATION, THE SITE, OR ANY SITE WITH WHICH IT IS LINKED, IS ACCURATE, COMPLETE, OR CURRENT. WE DO NOT PROVIDE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT WE WILL CONTINUE TO SUPPORT ANY FEATURE OF THE SERVICES. YOU ACCEPT THAT OUR PARENT, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, FRANCHISEES, AND SUPPLIERS SHALL HAVE THE BENEFIT OF THIS CLAUSE.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE, ON BEHALF OF OUR PARENT, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, FRANCHISEES, AND SUPPLIERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES OR ANY CONTENT PROVIDED ON THE APPLICATION OR THE SITE. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, EQUITY, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR MAXIMUM LIABILITY FOR ALL CLAIMS ARISING FROM OR ASSOCIATED WITH YOUR USE OF THE SERVICES SHALL BE LIMITED TO PROVEN DIRECT DAMAGES NOT EXCEEDING THE GREATER OF: (I) THE AMOUNT PAID, IF ANY, BY YOU FOR YOUR USE OF THE SERVICES IN THE LAST 12 MONTHS PRECEDING THE EVENT THAT GAVE RISE TO SUCH CLAIM(S) OR (II) TEN ($10) DOLLARS. THE FOREGOING SHALL NOT PRECLUDE RECOVERY OF DAMAGES FOR PERSONAL INJURY, LOSS OR DAMAGE TO PERSONAL PROPERTY, OR UNAUTHORIZED USE OR DISCLOSURE OF PERSONALLY IDENTIFIABLE INFORMATION CAUSED BY THICKER’: GROSS NEGLIGENCE, RECKLESSNESS, FRAUD OR OTHER WILLFUL, UNCONSCIONABLE OR INTENTIONAL MISCONDUCT. NOTHING HEREIN SHALL BE CONSTRUED TO LIMIT THE CLEARLY ESTABLISHED LEGAL RIGHT OF A CONSUMER TO RECOVER ATTORNEYS’ FEES OR OTHER REMEDIES AFFORDED BY STATUTE OR OTHER LAW.
NOTICE ABOUT FITNESS CONTENT
9.1 Health Warning
The health and fitness content provided through the Services is designed for educational and informational purposes only and is not intended to be, nor does it constitute, medical or other professional healthcare advice. We strongly recommend that you consult with your physician before beginning any exercise program. It is your responsibility to evaluate your own medical and physical condition to determine whether to participate in an exercise program. Always check your surroundings before exercising. If you experience faintness, dizziness, pain or shortness of breath at any time while exercising you should stop immediately. You represent and warrant that you are in good physical condition and have no medical reason or impairment that might prevent you from your intended use of the Services.
9.2 Assumption of Risk
You understand and expressly agree that there are risks inherent in physical activity and your use of the Services may involve potentially dangerous physical activities that may lead to minor injuries or major injuries, up to and including death. In consideration for your use of the Services, you understand and voluntarily accept full responsibility for the risk of injury or loss arising out of or related to your use of the Services. You further agree that THICKER, and its respective affiliated companies, parents, subsidiaries, and franchisees, together with officers, directors, shareholders, employees, agents, and independent contractors of all such entities (collectively, the “THICKER Group”) will not be liable for any injury including, without limitation, personal, bodily, or mental injury, disability, death, economic loss or any damage to you, your spouse or domestic partner, unborn child, heirs, or relatives resulting from the negligent conduct or omission of any member of the THICKER Group or anyone acting on their behalf, whether related to exercise or not.
If you have a question, comment, issue, or wish to resolve a complaint regarding your use of the Services, you can contact us via the following methods:
12.1 General Provisions
12.2 Governing Law, Venue
Except as explicitly stated otherwise, any notices shall be given by to the email address you provide to THICKER (in the case of notice to you). Notice delivered to THICKER via postal mail shall be deemed given upon our receipt of such notice and notice sent via email shall be deemed given 24 hours after such email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address you have provided to THICKER. In such case, notice shall be deemed given 3 days after the date of mailing.
13.1 Mandatory Arbitration and Class Action Waiver
Class Action Waiver. To the fullest extent permitted by law, you and THICKER acknowledge and agree that we each are waiving the right to a trial by jury and the right to participate in a class action, either in court or in arbitration. This means that neither you or THICKER may join claims in arbitration with or against other users, or litigate in court or arbitrate any claims as a representative or member of a class and that the arbitrator may not consolidate any claims into a class proceeding. However, if this class action waiver is held unenforceable as to all or some parts of a dispute, to the extent that any claims must proceed on a class, consolidated, or representative basis, such claims must be litigated in the courts or, if appropriate, the United States District Court for the State and not in arbitration, with any remaining parts proceeding in individual arbitration.
Arbitration Exceptions. Nothing in this arbitration provision shall prevent you or THICKER from: (i) bringing an individual action if the dispute is within the jurisdiction of a small claims court, (ii) seeking to enjoin infringement or other misuse of intellectual property rights, in which case either you or we may bring suit in court to seek injunctive or other equitable relief to enjoin infringement or other misuse of intellectual property rights, (iii) seeking public injunctive relief from any court of competent jurisdiction, or (iv) pursuing an available enforcement action through any local, state, or federal governmental agency. Other than for small claims court actions, for any disputes not subject to mandatory arbitration pursuant to this arbitration provision, you agree to submit the dispute to the exclusive jurisdiction of the courts of the State or, if appropriate, the United States District Court for resolution, and you further irrevocably waive any right you may have to trial by jury in any such, action or proceeding.
Arbitration Procedures. You and THICKER agree to attempt initially to solve all disputes subject to arbitration by conducting good-faith, informal negotiations. Before commencing arbitration, the party seeking arbitration must provide the other party with written notice of the dispute that includes: (i) the name, mailing address, and email and/or phone number of the party giving notice; (ii) a detailed description of the dispute; and (iii) the relief sought. Your written notice must be sent to email@example.com and THICKER’s written notice will be sent to you via the contact information we have in our records for you. You and THICKER agree to use good-faith efforts to attempt to resolve the dispute within thirty (30) days from the date the notice of the dispute is sent. If you and THICKER do not reach agreement on resolving the dispute within those thirty (30) days, the party seeking arbitration may commence arbitration in accordance with the AAA Rules.
Disputes over $25,000 will be decided through an in-person or telephonic hearing. Any in-person arbitration hearings will take place in the county (or other municipality) where you live, unless you and we both agree to a different location.
Arbitration Fees. THICKER will pay, or if applicable, reimburse you for all AAA filing, administration, and arbitrator fees and expenses for any arbitration commenced by you or us. Notwithstanding the forgoing, nothing herein shall limit the arbitrator’s discretion to allocate compensation, expenses, and fees in accordance with Rule R-44(c) of the AAA Rules.
13.2 Disputes Involving Canadian Users