Terms & Conditions
PLEASE READ THESE TERMS & CONDITIONS CAREFULLY.
These Terms & Conditions cover important information about the Centr Apps, the Website, Program and the Subscription, and any applicable fees.
Your Subscription is governed by these Terms & Conditions as well as our Billing Terms.
For the purposes of these terms and conditions the following definitions apply:
1. Affiliates means any of our associated entities as that term is defined in the Corporations Act 2001 (Cth);
2. App means the Centr App owned and operated by us allowing access to the Website from remote devices, e.g. mobile phones and tablets;
3. Facebook Community means the Facebook Community where registered members are able to communicate together be it on the Website or other third party platforms including but not limited to Facebook;
4. License means the license granted by us to you governing your use of the Website and the Services in accordance with these terms and conditions;
5. One gender includes any other gender;
6. Our, ourselves, us, we, refer to CH Digital Pty Ltd ACN 628 240 497 trading as “CENTR” (“Centr”) and affiliates who for the purposes of these terms and conditions refer to any person or entity we directly or indirectly own, control or operate, currently or in the future and/or which has a controlling interest in us and/or is an entity who has the right to operate with or on behalf of ourselves;
7. Party refers to a party to these Terms and Conditions and it includes that party's successors, administrators and assignors and where a party consists of more than one person, then these Terms and Conditions bind them jointly and each of them severally;
8. Program means the Centr program offered to you via the Website/App;
9. Subscription means the subscription with Centr entitling you to use of the Website/App, the Program and/or the Facebook Community;
10. Terms and Conditions means these Terms and Conditions as amended from time to time;
11. Website means collectively the website centr.com, Facebook Community, Program, products and/or services offered or provided by Centr including the Centr App;
12. You or yours refers to you, the person accessing the website and agreeing to the terms and conditions of your use of the Website and its contents.
Note in these Terms and Conditions, the single includes the plural and the plural includes the singular.
13. By virtue of these Terms and Conditions, you are granted a non-exclusive, non-transferable, non-sublicensable License to personally access and use, for non-commercial purposes, the Website/App and the services offered on the Website/App (“Services”).
14. This License shall continue until terminated in accordance with this Agreement.
15. These Terms and Conditions govern your right to use the Website/App and your access to and use of the Program, the Facebook Community and/or any products or services acquired in relation to the Program and/or any links provided on the Website/App to other websites.
16. In downloading any content from the Website/App to your computer, you do not receive any ownership rights to such content and by downloading any content you agree not to use the content for any unlawful purpose and you agree that your use of the Website/App is only for your personal use and not for any commercial or other use contrary to these Terms and Conditions and our legal rights in respect of the Website/App, the Program and/or the Facebook Community.
17. You agree that if you download any content from the Website/App you will not reproduce, distribute in person, publish, republish, print, upload to any third party, post on any social media site or Facebook Community, or distribute or modify or otherwise deal with any content in the Website/Apps in whatever format, personally or otherwise, and/or provide it, or any part of it, to a third party that would otherwise infringe our intellectual property rights.
18. You agree that in downloading any service or product from the Website/App, you will not rent, lease or lend it to a third party nor decompile, reverse engineer, modify or derive content from the Website/App and/or make it available over a network where it could be used by multiple devices at the same time.
19. You agree that your use of the Website/App will not violate any laws without limitation, including those governing competition, advertising, consumer protection laws, privacy, obscenity, spamming, stalking, intellectual property rights and/or defamation in Australia and when accessed in another jurisdiction the laws of that jurisdiction and Australian law, so far as the laws are not inconsistent, in which case you agree to be bound by the laws for New South Wales, Australia.
20. You agree that in using the Website/App, you will not post threatening, harassing, defamatory, obscene, offensive, hate mail or speech or facilitate others to commit such acts in whatever format.
21. You agree that we may, and reserve the right to, remove any comments made by you about the Website/App, any of its content, its individual representatives, officers, directors, consultants and/or employees which we believe in our sole discretion to be damaging to Centr.
22. The content on the Website/App, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like and the trademarks, service marks and logos contained therein, are owned by or licensed to us, subject to copyright and other intellectual property rights under law.
Your Agreement and Subscriptions
23. In accessing, registering or using the Website/App including any and all webpages, the Program and/or the Services and products, information, text and images offered or provided on the Website/App, you are deemed to have read and personally agreed to the Terms and Conditions.
24. We offer one (1), three (3) and twelve (12) month Subscriptions. Payment for each Subscription is governed by these Terms and Conditions as well as our Billing Terms which form part of these Terms and Conditions.
25. We may offer promotional offers and special discounts from time to time which will be subject to separate terms and conditions to be read in conjunction with these Terms and Conditions.
26. You represent and warrant that you are at least 18 years old and will be responsible for the information provided when creating a Subscription. This program is not designed or recommended for anyone under 18 years old. If you are accessing and using the Website/App or subscribing for access to the Program or any of the Website/App services or products on behalf of a party who is not at least 18 years of age then you are representing that you are that party's legal guardian and you are responsible for that party's compliance with these Terms and Conditions. You will indemnify us for any losses or damage that we suffer as a consequence of the party who is less than 18 years of age failing to comply with these Terms and Conditions.
27. Without limitation, the Website/App is available only to individuals with whom only legally binding contracts can be formed under Australian law.
28. We have the right to refuse to deal with you, at any time, at our sole discretion, including the suspension or termination of your Subscription, if we believe that you may or will bring our reputation, those individuals who represent us in the marketplace, our other users, and Facebook Community members into disrepute or otherwise will interfere with other parties' rights to have reasonable use of and access to the Website/App or to the contents and components of the Website/App or are in any way in breach of these Terms and Conditions.
29. You agree to provide accurate and truthful details about yourself for the purposes of your Subscription, for the Program and/or inclusion in the Facebook Community and we reserve the right to suspend or terminate your Subscription if we discover you have, at any time, provided inaccurate, incomplete or misleading personal information.
30. Once you register on the Website/App, you will be given access to a "Clients only" email subscription and Facebook Community access.
31. Access to the information provided through Centr subscription and the Facebook Community is for your sole use only.
32. Any password or right given to you to obtain access to the "Clients only" email subscription and the Facebook Community, and the contents or use of either the email subscription or Facebook Community, is not transferable to any third party.
33. We reserve the right, at our sole discretion, to terminate your access to the "Clients only" email subscription or Facebook Community if, in our opinion, you have failed to comply with any of the provisions of these Terms and Conditions.
34. We reserve the right, at our sole discretion to terminate your access to the Facebook Community once you have canceled your membership.
35. We may use third parties to assist us to provide our Services to you including payment processing and client registrations. These third parties may have access to certain personal information required to perform their function. They cannot use your information for any other purpose.
37. You acknowledge that Facebook Community provides for public communications.
38. To become a Centr Facebook Community member you agree to provide truthful, accurate personal details about yourself as required on the sign-up page for Facebook.
39. You will use the Centr Facebook Community only for positive and supportive purposes and not post or comment negatively or in terms that could or might be offensive to other users of the Centr Facebook Community, either within the Centr Facebook Community or otherwise, or the Website, the Program and/or the individuals representing the Website and/or their employees.
40. You will not use the Centr Facebook Community:
(a) for any unlawful, disrespectful, harmful, threatening, abusive or otherwise objectionable purpose;
(b) to incite others to conduct the activities described in subparagraph 40(a)
(c) to interfere with the lawful and reasonable use of the Centr Facebook Community by others; and
(d) to attempt to directly or indirectly, allow or facilitate a third party to enter the Facebook Community through your Subscription.
(e) You acknowledge that the moderators of the Facebook Community reserve the right to remove any messages in the Facebook Community that are inappropriate or that they reasonably believe may have a negative impact upon the Program and/or its reputation.
Renewal & Termination
41. Your Subscription will automatically renew for the same term of your initial Subscription unless you cancel your Subscription via the billing platform your Subscription was purchased on.
(a) Website Cancelations
i. If the account was created on the Centr website (www.centr.com), the subscription can be canceled by going to the settings page on the Website, navigating to the subscription section and selecting ‘Cancel Subscription’.
(b) App Cancelations
i. If your Subscription was created as an In-App Purchase (via Apple App Store or Google Play Store) you must cancel your subscription via Apple Subscriptions or the Google Play Store.
42. You may cancel your Subscription by following the steps in clause 41. Please note a refund will not be issued upon cancellation. At the end of your paid Subscription period, we can then deactivate any account in your name, your membership of the Website/App and archive any information about you, or your account, stored in our database as well as cease the provision of any information to you. Your information may be stored for up to 7 years from the date of purchase and/or Subscription at which point in time it will be deleted or destroyed.
43. We can terminate your Licence, Subscription and/or participation in the Facebook Community at our sole discretion if we believe you have breached any of these Terms and Conditions and/or you have or are facilitating the unlawful activity of a third party in respect of the Website/App. We are at liberty to take any other action necessary to enforce these Terms and Conditions.
44. In purchasing any Product or Service from the Website/App ("the Purchase") you agree to:
(a) pay using a valid credit card (or other form of payment as we may allow);
(b) provide us with current and complete information as detailed in the purchase order form including full legal name, email address, credit card details and billing information as required and without limiting any of our rights and remedies if we discover or believe that any information provided by you is inaccurate or incomplete, we reserve the right to refuse to continue with your Purchase, or put on hold or terminate your access to the website, the Program or any of the services or products provided by us at any stage at our sole discretion and you forfeit any right to a refund of any payment made by you for the Purchase;
(c) pay all costs, fees, charges, applicable taxes and other charges as may be incurred in respect of the Purchase ("the costs").
45. All costs are in US Dollars unless otherwise indicated.
46. You acknowledge and agree that prices will vary depending on the type of Subscription as well as the region you are located.
Risk and Limitation of Liability
47. You will receive access to the Program upon payment from you.
48. We provide no estimate as to time of delivery and you agree that time is not of the essence with respect to delivery.
49. Where we provide access to the online Program, and you claim that you have not received such access, then you must contact us via firstname.lastname@example.org within 7 days of the date by which you purchased the Program for us to investigate your claim.
50. To the extent we supply any ‘recreational services’ or ‘recreational activities’ (within the meaning of the Competition and Consumer Act (2010) (Cth) or any State or Territory civil liability or consumer protection legislation or corresponding services or activities under any other applicable local law from your jurisdiction), you acknowledge that your participation in the recreational services and activities may involve risks, including personal injury and death. Prior to participating in the recreational services and activities, you must assess all the risks involved, including risks that may be caused by your own acts or omissions, your health condition/s, those of other users of the Website and risks that are not known to you or are not readily foreseeable at the time of participating in the recreational services and activities. By participating, you are doing so voluntarily and at your own risk. To the extent permitted and required by law, this is a risk warning pursuant to the various civil liability and consumer protection legislation. You assume all risks in connection with your participation in any recreational services and activities that we may provide.
51. Subject to the rights granted to you by statutory consumer protection legislation, which cannot be excluded, due to the nature of the Program and/or the products and services offered by the Website/App, and as we make no representations to you in respect of your use of the Program and/or the products or services offered by the Website/App, we provide no warranty as to any results or outcomes associated with using the Program, nor in respect of any use of the products or services offered by the Website/App.
52. You expressly acknowledge that your use of the Website/App and its products and/or services is at your sole risk.
53. We do not offer refunds or credits for unused subscription periods, accidental purchases, medical conditions, or any similar reason or event, unless required by law to do so.
55. We are not a medical organization and we do not and cannot give or purport to give you any medical advice or assistance in whatever form. Nothing in the Website/App or anything associated with it should be taken or understood as medical advice or assistance nor should it be interpreted in substitution for any medical advice or assistance or used or referred to instead of seeking appropriate medical advice or assistance from qualified practitioners for your particular circumstances and needs. You are solely responsible for evaluating and assessing your own health and wellbeing and whether, in all the circumstances, you should access and use the Website/App and/or participate in the Program and/or its products and services. We encourage you to seek appropriate medical advice or assistance before embarking on any use of the Website/App, the Program and/or its products or services.
56. You agree that neither we, nor any of our affiliates, service providers and/or suppliers, warrant or make any representation about the contents, products, services or offers referred to in the Website/App, and specifically do not make any representation about the risks, results, reasonableness, or accuracy or otherwise of such contents, products, services or offers. Your use of the Website/App, the Program or its products and services, is at your sole risk.
57. Persons with pre-existing medical conditions, in poor health, or with any concerns as to commencement of a new fitness program should consult with an appropriate healthcare professional before beginning any of the Programs.
58. You are responsible for making your own inquiries and seeking independent advice from an appropriately qualified healthcare professional before acting on any information or material made available to you through the Website. The information on the Website may not be suitable to your particular circumstances and is not a substitute for obtaining specific advice from a qualified healthcare professional.
59. You should first consult an appropriately qualified healthcare professional before following any exercise programs or using any of the information on the Website, particularly if you (or your family) have a history of high blood pressure or heart disease or if you have experienced chest pain when exercising or chest pain in the past month when not engaged in physical activity, are pregnant, breastfeeding, have an ongoing physical condition, are suffering from cancer or other long term illness, are living with liver disease, kidney disease, or renal failure, have diabetes, blood pressure or cholesterol issues, are obese, smoke, have high cholesterol, have a bone or joint problem that could be made worse from physical activity, or are recovering from or recently recovered from illness and/or injury.
Limitation of Liability
60. Subject to the rights granted to you by statutory consumer protection legislation, which cannot be excluded, in no event shall we be liable to you for any injury, or incidental, undue damages, whatsoever including damages for loss of income, data, or personal injury or consequential damages except to the extent such limitation or exclusion of liability is not permitted by law.
61. To the maximum extent permitted by law, we exclude all liability arising from or in connection with any recreational services or activities for: (1) death; (2) physical or mental injury (including the aggravation, acceleration or recurrence of such an injury); (3) the contraction, aggravation or acceleration of a disease; and (4) the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behavior, course of conduct or state of affairs:
(a) that is or may be harmful or disadvantageous to you or the community; or
(b) that may result in harm or disadvantage to you or the community, resulting from the supply of recreational services or recreational activities.
Our rights to modify services
62. You acknowledge that we are entitled at any time, to change, modify, vary, delete or otherwise deal with the Website/App and/or the Terms and Conditions, as we see fit.
63. We will give you notice of any changes, for instance by:
(a) publishing them on our website or
(b) writing to the address (post or email) you last gave us.
(c) The most up-to-date terms and conditions always apply.
64. You agree that we may transfer, assign, license or deal with our interest in the Website, Facebook Community, copyright or any other published material to any Affiliate or to any third party who shall in any event be bound to meet the obligation of any agreement you have with us for services we provide to you for payment. We will give you notice of any change or dealing within 60 days in the manner provided by clause 63.
65. These Terms and Conditions are governed by the laws of New South Wales, Australia and you agree to the non-exclusive jurisdiction of the Courts of that jurisdiction and any appeals from those Courts.
66. You agree to indemnify us to the full extent needed from any and all third party claims, liabilities, costs, expenses including solicitor/client costs on an indemnity basis, that we may incur or suffer as a result of your improper or illegal use of the Website/App and/or from your breach of any of the Terms and Conditions and/or any facilitation or support by you of a third party causing any loss or damage to us.
67. You are liable for all content posted by you in the Facebook Community.
68. You are required to exercise due care to conform to any Australian laws relating to publication, broadcasting, media controls, advertising standards and social media legal considerations, as they may arise or be applied to you in respect of any content you post in the Facebook Community or in relation to the Website/App or that by your actions of conduct.
69. You agree to indemnify us for any claims, losses, liabilities, costs or expenses ("losses") incurred by us you may cause, or contribute to such losses.
70. Entire agreement
These Terms and Conditions form the entire agreement between us and you in relation to the website and your use of it.
Any failure or delay on our part to exercise a power or right we have under these Terms and Conditions (unless in writing to you) does not amount to a waiver of that power or right and will not preclude our entitlement to exercise that power or right at a later date.
Information provided on Website
72. All information provided by us on the Website/App is provided in good faith. We derive our information from sources which we believe to be accurate and up to date as at the date of publication. We may update any information at any time but you acknowledge that the information on the Website may not be the most current knowledge. In addition, to the extent permitted by law, we do not make any representations or warranties that any information we provide is reliable, accurate or complete and (unless expressly stated) we make no guarantees of any specific result from use of this Website or the information service provided through it. To the extent permitted by law, we are not liable for any loss arising from any action taken or reliance by you on any information or material available on the Website.
1-month Free Trial Offer
1-month free trial offer is available between December 23 2022 - 11:59PM January 25 2023 PST. Valid for new and returning customers only. Returning customers must use coupon code CEN1MT23 to redeem this offer. Prices in AUD. All subscription options offer you the first 1 month free, with unrestricted access to Centr. Subscriptions are charged after the 1-month free trial has completed and will auto-renew at the end of each subscription period. You can cancel auto-renewal at any time. T&C's apply.
Moves that Matter 2023
For full T&Cs please see here.
'Hell Week' Contest Rules
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
- Eligibility: Centr’s ‘Hell Week’ Contest (the “Contest) is open to legal residents of all countries worldwide excluding residents of the following countries; the Balkans, Belarus, Burma, Cote D’ivoire (Ivory Coast), Cuba, Democratic Republic of Congo, Iran, Iraq, Liberia, North Korea, Sudan, Syria, Zimbabwe or US residents of Maryland, Colorado, Nebraska and North Dakota and must be at least eighteen years old at the time and date of entry. Proof of residency and age may be required. Employees and directors of Centr LLC and either of its subsidiaries, divisions, affiliates, and advertising or promotional agencies or individuals involved with the design, production, execution or distribution of the Contest and the immediate family and household members of such individuals, are not eligible to enter or win. “Immediate family members'' means parents, stepparents, children, stepchildren, siblings, stepsiblings, or spouses, regardless of where they live. “Household members” means people who share the same residence at least three months a year, whether related or not. In order to enter the Contest or receive the prizes, any person entering the Contest (“Entrant” or “you”) must fully comply with the rules herein (the “Rules”), and, by entering, Entrant represents and warrants that Entrant agrees to be bound by these Rules and the decisions of Promoter, whose decision shall be binding and final in all respects relating to this the Contest. The Contest is governed by these Rules and is subject to all applicable federal, state and local laws.
- Sponsor/Promoter: Centr LLC, with a registered address at 255 Airport Circle Ste 101, Corona CA 92880 (collectively, “Promoter”).
- Prizes: One (1) winner (the “Winner”) will receive (1) a Centr Fitness Essentials Kit; and (2) a one-on-one 1-hour virtual online with a Centr trainer [date and time of the call to be determined and communicated to winner by Centr]. The prizes are awarded as is. There is no cash equivalent for the prizes. Promoter reserves the right to substitute the listed prizes for one of equal or greater value for any reason. Prizes are non-transferable and no substitution will be made except as provided herein at Promoter’s sole discretion. Winner is responsible for all taxes and fees (if any) associated with prize receipt and/or use. All federal, state, and local tax liabilities, as well as any other costs and expenses not specified herein as being awarded are the sole responsibility of Winner. Prizes will be awarded only if Winner fully complies with these Rules. Total approximate retail value of all prizes is eight-nine dollars and ninety-nine cents (USD $66.88)
- Timing: The Contest begins February 6, 2023 (the “Start Date”) and ends February 10, 2023 (the “End Date”) (“Contest Entry Period”).
- How to Enter; Entry Restrictions: Beginning on the Start Date, you may enter the Contest by 1. completing all 5x ‘Hell Week’ Centr workouts in the Centr app and (ii) posting a Instagram comment on Centr’s “Hell Week” announcement with respect to how the entrant would survive a 1 on 1 workout with Chris Hemsworth’s personal trainer, using only 3 emojis, between the Start Date and End Date. The Promoter will track the completion of all ‘Hell Week’ workouts and read and judge the Instagram comment entries in order to determine eligibility for all entrants. All entries(i) workouts must be received completed and (ii) instagram comments must be posted, by the end date date and times above to be eligible. There is a requirement to be an active Centr customer or trialist to access the ‘Hell Week’ challenge workouts. By participating in the ‘Hell Week’ Contest, you are confirming that you have read and agree to comply with these Rules and all other Contest requirements. Promoter, in its sole discretion, may disqualify your entry for any reason, including if it determines that your entry fails to conform to these Rules in any way or otherwise contains unacceptable content. Canceling your membership during the Contest Entry Period (regardless of whether you are an existing member) will not affect your eligibility in the Contest or opportunity to win. Entrants are responsible for having full and ongoing access to their email account. Internet and data charges apply and are the responsibility of the Entrant. In the event you are selected as the Winner, you must be willing to have their name and state/province/territory/country published on the Promoter’s Facebook page, Instagram, Twitter or other publication.
- Winner Determination and Notification: Within four (4) days of the End Date, Promoter will select one Winner from the eligible entries received during the Contest Entry Period based on originality (50%) and humor (50%), as judged by the Promotor’s marketing department and such Winner will have the prizes automatically applied to their account. The Winner will be notified via email. The Winner’s identity and age will be verified electronically prior to receiving their prizes. Identification information considered suitable for verification is at the Promoter’s reasonable discretion.
- Indemnification: Each Entrant agrees to: (a) comply with and be bound by these Rules and the decisions of Promoter which are binding and final in all matters relating to this Contest; (b) defend, indemnify, release and hold harmless Promoter and its respective parent(s), subsidiaries, and affiliated companies, celebrities, and any other person and organization responsible for sponsoring, fulfilling, administering, advertising or promoting the Contest, and all of their respective past and present officers, directors, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to (i) breach of the representations and warranties hereunder, (ii) negligence and damages of any kind to persons and property arising out of or relating to a participant’s entry, creation of an entry or submission of an entry, participation in the Contest, acceptance, possession, attendance at, defect in, delivery of, inability to use, use or misuse of prizes (including any travel or activity related thereto) and/or the use of entry information as specified hereunder. Winner acknowledges that all prizes are awarded as-is without warranty of any kind.
- Publicity: Except where prohibited or restricted by law, Winner’s acceptance of prizes constitutes the Winner’s agreement and consent for Promoter and any of its designees to use and/or publish Winner’s full name, city and state of residence, photographs or other likenesses, pictures, portraits, video, voice, testimonials, biographical information (in whole or in part), and/or statements made by Winner regarding the Contest or Promoter, worldwide and in perpetuity for any and all purposes, including, but not limited to, advertising, trade and/or promotion on behalf of Promoter, in any and all forms of media, now known or hereafter devised, including, but not limited to, print, TV, radio, electronic, cable, or World Wide Web, without further limitation, restriction, compensation, notice, review, or approval.
- General Conditions: Promoter and its subsidiaries, affiliates, divisions, partners, representatives, agents, successors, assigns, employees, officers and directors (collectively, “Promoter”) shall not have any obligation or responsibility, including any responsibility to award any prize to Entrants, with regard to: (a) entries that contain inaccurate information or do not comply with or violate the Rules; (b) entries, prize claims or notifications that are lost, late, incomplete, illegible, unintelligible, damaged or otherwise not received by the intended recipient, in whole or in part, due to computer, human or technical error of any kind; (c) Entrants who have committed fraud or deception in entering or participating in the Contest or claiming the prize; (d) telephone, electronic, hardware, software, network, Internet or computer malfunctions, failures or difficulties; (e) any inability of the Winner to accept the prize for any reason; (f) if a prize cannot be awarded due to delays or interruptions due to Acts of God, natural disasters, terrorism, weather or any other similar event beyond Promoter’s reasonable control; or (g) any damages, injuries or losses of any kind caused by any prize or resulting from awarding, acceptance, possession, use, misuse, loss or misdirection of any prize or resulting from participating in this Contest or any promotion or prize related activities. Promoter reserves the right, in its sole discretion, to disqualify any individual it finds to be (a) tampering with the entry process or the operation of the Contest, or with any website promoting the Contest; (b) acting in violation of these Rules; or (c) entering or attempting to enter the Contest multiple times through the use of multiple email addresses or the use of any robotic or automated devices to submit entries. If Promoter determines, in its sole discretion, that technical difficulties or unforeseen events compromise the integrity or viability of the Contest, Promoter reserves the right to void the entries at issue, and/or terminate the relevant portion of the Contest, including the entire Contest, and/or modify the Contest and/or award the prizes from all eligible entries received as of the termination date.
- Disputes: Except as otherwise set forth herein, each Entrant who resides in Australia and Canada unconditionally submits to the non-exclusive jurisdiction of the courts of New South Wales, Australia. Dispute Resolution for Quebec Residents Only: Any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie des alcools, des courses et des jeux for a ruling. Any litigation respecting the awarding of a prize may be submitted to the board only for the purpose of helping the parties reach a settlement. Dispute Resolution for U.S. Residents Only: If you reside in the United States, the parties each agree to finally settle all disputes only through arbitration; provided, however, the Promoter shall be entitled to seek injunctive or equitable relief in the state and federal courts in Los Angeles, California and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Promotion shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in Los Angeles, California. The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in Los Angeles, California. Promoter agrees to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of the Entrant to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court. BY ENTERING THE PROMOTION, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROMOTION, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; AND (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
- Releases: By participating in the ‘Hell Week’ workouts Contest, you agree to release Promoter, and any other organizations affiliated with the sponsorship, fulfillment, administration, prize support, advertisement or promotion of the Contest and each of their respective parents, agents, affiliates, subsidiaries, advertising and promotion agencies, and prize suppliers, and each of their respective officers, directors, agents, representatives and employees, as well as each of their respective successors, representatives and assigns (collectively, the “Released Parties”) from any and all actions, claims, injury, loss or damage arising in any manner, in whole or in part, directly or indirectly, from participation in the Contest and/or acceptance, use or misuse of any prize (or portion thereof).
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