Terms and Services
THIS IS A SUBSCRIPTION SERVICE THAT AUTOMATICALLY RENEWS. PLEASE READ THESE TERMS & CONDITIONS CAREFULLY BEFORE COMPLETING A PURCHASE FOR THE DISC GOLF FITNESS ALL ACCESS SUBSCRIPTION SERVICE. BY SIGNING UP FOR DISC GOLF FITNESS ALL ACCESS, YOU ARE ACCEPTING THESE TERMS, CONDITIONS, LIMITATIONS, AND REQUIREMENTS.
The following terms and conditions ("Terms") apply to your participation in the Disc Golf Fitness All Access program. These Terms are between you and SPKR Fitness, LLC and govern our respective rights and obligations. The Terms, together with any additional applicable terms and conditions related to any promotional offers provided to you for use with the All Access program, constitute the entire agreement between you and SPKR Fitness, LLC related to your All Access program membership.
Please note that your use of the Discgolffitness.com website and mobile applications and membership in the All Access program are also governed by other terms and conditions, including Trainerize’s Terms and Services and Privacy Policy as well as any other applicable terms, conditions, limitations, and requirements on the website or mobile applications, all of which (as changed over time) are incorporated into these Terms.
Other Limitations
SPKR Fitness, LLC may accept, refuse, or terminate membership in the All Access program at our sole discretion. You may not transfer or assign your All Access membership or any All Access program benefits. All Access program benefits cannot be used to access products purchased for the purpose of resale to others. SPKR Fitness, LLC may in its sole discretion add or remove All Access membership benefits during certain periods with notice to you.
Monthly & Annual Membership Fees
The monthly membership fee for the All Access program is $9.99 USD. You may also sign up for an annual membership, as opposed to the monthly membership, in which case the annual membership fee for the All Access program is $99.99 USD. Both the monthly and annual membership fee will be referred to in these terms as the “membership fee.” SPKR Fitness, LLC reserves the right to charge and process any membership fees in US dollars. SPKR Fitness, LLC may offer different membership terms to different clients, and the fees for membership may vary. Additionally, prices may vary based on exchange rates and your financial institution. SPKR Fitness, LLC does not charge currency exchange fees, however, your financial institution may. Please consult with your financial institution for more information. The All Access membership fee is non-refundable except as expressly set forth below. Taxes may apply on the membership fee. At the time of your membership renewal, we may increase the monthly or annual membership fee in our sole discretion but with notice to you. If you do not want to accept the increased annual membership fee, you may cancel the renewal of your All Access membership.
Membership Termination, Non-Refundable Fee
The monthly membership fees are pre-paid in full on a monthly or annual basis, respectively, and are non-refundable once paid. There is no pro-rata refund if the membership is cancelled prior to the end of the term except if offered in our sole discretion. IMPORTANT: YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEWS UNLESS YOU CANCEL IN A TIMELY MANNER.
Membership Auto-Renewal & Cancellation
If you have elected to enroll in the monthly membership plan, your membership will automatically renew 1-month following your initial enrollment (“Monthly Renewal Date”) unless you notify us that you wish to cancel prior to your Monthly Renewal Date. Alternatively, if you have elected to enroll in the annual membership plan, your membership will automatically renew 12 months after the date of your initial enrollment (your “Annual Renewal Date”) unless you notify us that you wish to cancel prior to your Annual Renewal Date. Both the Monthly Renewal Date and Annual Renewal Date may be collectively referred to in these Terms as the “Renewal Date”. YOU MUST AFFIRMATIVELY CANCEL AUTO RENEW BY THE RENEWAL DATE OR YOUR MEMBERSHIP WILL AUTOMATICALLY RENEW.
IF YOU HAVE PROVIDED US WITH A VALID CREDIT CARD NUMBER OR AN ALTERNATE PAYMENT METHOD SAVED IN YOUR ACCOUNT AND YOU HAVE NOT CANCELLED BY YOUR RENEWAL DATE, YOUR ALL ACCESS SUBSCRIPTION WILL BE AUTOMATICALLY PROCESSED ON OR SHORTLY AFTER YOUR RENEWAL DATE AND THE CARD OR APPLICABLE PAYMENT METHOD YOU PROVIDED TO US AT THE TIME OF YOUR INITIAL PURCHASE AND ENROLLMENT IN OUR PROGRAM WILL BE CHARGED.
IF YOU WISH TO CANCEL YOUR PARTICIPATION IN OUR ALL ACCESS AUTO RENEWAL PROGRAM, you may cancel your subscription auto renewal at any time before your Renewal Date by sending an email to discgolffitness@gmail.com, or by going to your account page and selecting to cancel your subscription. If you cancel, you will not be charged on your Renewal Date but your membership will continue until your Renewal Date.
Promotional Trial Memberships
SPKR Fitness, LLC reserves the right to offer certain clients various trial or other promotional memberships in the SPKR Fitness, LLC All Access program, which are subject to these Terms except as otherwise stated in the promotional offers. Trial members may at any time choose not to continue to paid membership at the end of the trial period. YOU MUST CANCEL YOUR TRIAL MEMBERSHIP PRIOR TO THE EXPIRATION OF THE TRIAL PERIOD TO AVOID BEING CHARGED AUTOMATICALLY FOR A FULL MEMBERSHIP WHICH WILL THEN BE SUBJECT TO AUTO-RENEWAL.
Changes to Terms
We may, in our sole discretion, change these Terms or any aspect of the All Access program that is found invalid, void, unenforceable, or for any reason. You should review these Terms periodically so that you keep up-to-date on the most current terms applicable to the All Access program. Material changes to these Terms, such as subscription price changes, will be communicated to you prior to your membership renewing. YOUR CONTINUED MEMBERSHIP AFTER WE CHANGE THESE TERMS CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES, YOU MUST CANCEL YOUR MEMBERSHIP.
Price Changes
When you purchase a subscription, you will initially be charged at the rate applicable at the time of your agreement to subscribe. If the price of the subscription increases later, SPKR Fitness, LLC will notify you. The increase will apply to the next payment due from you after the notice, provided that you have been given at least ten (10) days’ prior notice before the charge is made. If you are given less than ten (10) days’ prior notice, the price increase will not apply until the payment after the next payment is due.
Termination by SPKR Fitness, LLC
We may terminate or suspend your All Access membership in our sole discretion for any reason without notice. We will not give a refund for termination related to conduct that we determine, in our discretion, violates these Terms or any applicable law, involves fraud or misuse of the All Access program, or is harmful to our interests or to another user. Our failure to insist upon or enforce strict compliance with these Terms will not constitute a waiver of any of our rights.
Consent to Receive E-mails
By submitting an application for membership to the All Access program, you agree (or, if you are a minor, your parent or legal guardian must agree) to receive advertising, marketing materials, and other communications from discgolffitness@gmail.com. By signing up to join the All Access program, you will automatically be subscribed to receive All Access program emails. You may unsubscribe from receiving marketing emails at any time by clicking the “unsubscribe” link contained in the email footer.
Limitation of Liability
WE OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUBSIDIARIES, JOINT VENTURES, THIRD-PARTY SERVICE PROVIDERS, OR OTHER REPRESENTATIVES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR RELATED TO THE ALL ACCESS PROGRAM OR YOUR ALL ACCESS MEMBERSHIP. OUR TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, WILL NOT EXCEED THE AMOUNT OF THE LAST MEMBERSHIP FEE YOU PAID. THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF YOUR ALL ACCESS MEMBERSHIP. CERTAIN STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Dispute Resolution
If a dispute should arise between you and SPKR Fitness, LLC, we want to provide you with a resolution that is efficient and cost effective by using our customer service team. Almost all customer service disputes can be resolved to the customer’s satisfaction by using our customer service by sending an email to discgolffitness@gmail.com.
If your dispute cannot be resolved using our customer service team, these Terms describe how we will proceed with the resolution of the dispute.
THE FOLLOWING PROVISIONS RELATE TO DISPUTES AND CLASS ACTIONS. IT IS IMPORTANT THAT YOU READ THESE PROVISIONS CAREFULLY BEFORE ACCEPTING THESE TERMS AND CONDITIONS.
No Class Actions
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CONSOLIDATED OR CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING. YOU UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST DISCGOLFFITNESS.COM IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
The following terms and conditions ("Terms") apply to your participation in the Disc Golf Fitness All Access program. These Terms are between you and SPKR Fitness, LLC and govern our respective rights and obligations. The Terms, together with any additional applicable terms and conditions related to any promotional offers provided to you for use with the All Access program, constitute the entire agreement between you and SPKR Fitness, LLC related to your All Access program membership.
Please note that your use of the Discgolffitness.com website and mobile applications and membership in the All Access program are also governed by other terms and conditions, including Trainerize’s Terms and Services and Privacy Policy as well as any other applicable terms, conditions, limitations, and requirements on the website or mobile applications, all of which (as changed over time) are incorporated into these Terms.
Other Limitations
SPKR Fitness, LLC may accept, refuse, or terminate membership in the All Access program at our sole discretion. You may not transfer or assign your All Access membership or any All Access program benefits. All Access program benefits cannot be used to access products purchased for the purpose of resale to others. SPKR Fitness, LLC may in its sole discretion add or remove All Access membership benefits during certain periods with notice to you.
Monthly & Annual Membership Fees
The monthly membership fee for the All Access program is $9.99 USD. You may also sign up for an annual membership, as opposed to the monthly membership, in which case the annual membership fee for the All Access program is $99.99 USD. Both the monthly and annual membership fee will be referred to in these terms as the “membership fee.” SPKR Fitness, LLC reserves the right to charge and process any membership fees in US dollars. SPKR Fitness, LLC may offer different membership terms to different clients, and the fees for membership may vary. Additionally, prices may vary based on exchange rates and your financial institution. SPKR Fitness, LLC does not charge currency exchange fees, however, your financial institution may. Please consult with your financial institution for more information. The All Access membership fee is non-refundable except as expressly set forth below. Taxes may apply on the membership fee. At the time of your membership renewal, we may increase the monthly or annual membership fee in our sole discretion but with notice to you. If you do not want to accept the increased annual membership fee, you may cancel the renewal of your All Access membership.
Membership Termination, Non-Refundable Fee
The monthly membership fees are pre-paid in full on a monthly or annual basis, respectively, and are non-refundable once paid. There is no pro-rata refund if the membership is cancelled prior to the end of the term except if offered in our sole discretion. IMPORTANT: YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEWS UNLESS YOU CANCEL IN A TIMELY MANNER.
Membership Auto-Renewal & Cancellation
If you have elected to enroll in the monthly membership plan, your membership will automatically renew 1-month following your initial enrollment (“Monthly Renewal Date”) unless you notify us that you wish to cancel prior to your Monthly Renewal Date. Alternatively, if you have elected to enroll in the annual membership plan, your membership will automatically renew 12 months after the date of your initial enrollment (your “Annual Renewal Date”) unless you notify us that you wish to cancel prior to your Annual Renewal Date. Both the Monthly Renewal Date and Annual Renewal Date may be collectively referred to in these Terms as the “Renewal Date”. YOU MUST AFFIRMATIVELY CANCEL AUTO RENEW BY THE RENEWAL DATE OR YOUR MEMBERSHIP WILL AUTOMATICALLY RENEW.
IF YOU HAVE PROVIDED US WITH A VALID CREDIT CARD NUMBER OR AN ALTERNATE PAYMENT METHOD SAVED IN YOUR ACCOUNT AND YOU HAVE NOT CANCELLED BY YOUR RENEWAL DATE, YOUR ALL ACCESS SUBSCRIPTION WILL BE AUTOMATICALLY PROCESSED ON OR SHORTLY AFTER YOUR RENEWAL DATE AND THE CARD OR APPLICABLE PAYMENT METHOD YOU PROVIDED TO US AT THE TIME OF YOUR INITIAL PURCHASE AND ENROLLMENT IN OUR PROGRAM WILL BE CHARGED.
IF YOU WISH TO CANCEL YOUR PARTICIPATION IN OUR ALL ACCESS AUTO RENEWAL PROGRAM, you may cancel your subscription auto renewal at any time before your Renewal Date by sending an email to discgolffitness@gmail.com, or by going to your account page and selecting to cancel your subscription. If you cancel, you will not be charged on your Renewal Date but your membership will continue until your Renewal Date.
Promotional Trial Memberships
SPKR Fitness, LLC reserves the right to offer certain clients various trial or other promotional memberships in the SPKR Fitness, LLC All Access program, which are subject to these Terms except as otherwise stated in the promotional offers. Trial members may at any time choose not to continue to paid membership at the end of the trial period. YOU MUST CANCEL YOUR TRIAL MEMBERSHIP PRIOR TO THE EXPIRATION OF THE TRIAL PERIOD TO AVOID BEING CHARGED AUTOMATICALLY FOR A FULL MEMBERSHIP WHICH WILL THEN BE SUBJECT TO AUTO-RENEWAL.
Changes to Terms
We may, in our sole discretion, change these Terms or any aspect of the All Access program that is found invalid, void, unenforceable, or for any reason. You should review these Terms periodically so that you keep up-to-date on the most current terms applicable to the All Access program. Material changes to these Terms, such as subscription price changes, will be communicated to you prior to your membership renewing. YOUR CONTINUED MEMBERSHIP AFTER WE CHANGE THESE TERMS CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES, YOU MUST CANCEL YOUR MEMBERSHIP.
Price Changes
When you purchase a subscription, you will initially be charged at the rate applicable at the time of your agreement to subscribe. If the price of the subscription increases later, SPKR Fitness, LLC will notify you. The increase will apply to the next payment due from you after the notice, provided that you have been given at least ten (10) days’ prior notice before the charge is made. If you are given less than ten (10) days’ prior notice, the price increase will not apply until the payment after the next payment is due.
Termination by SPKR Fitness, LLC
We may terminate or suspend your All Access membership in our sole discretion for any reason without notice. We will not give a refund for termination related to conduct that we determine, in our discretion, violates these Terms or any applicable law, involves fraud or misuse of the All Access program, or is harmful to our interests or to another user. Our failure to insist upon or enforce strict compliance with these Terms will not constitute a waiver of any of our rights.
Consent to Receive E-mails
By submitting an application for membership to the All Access program, you agree (or, if you are a minor, your parent or legal guardian must agree) to receive advertising, marketing materials, and other communications from discgolffitness@gmail.com. By signing up to join the All Access program, you will automatically be subscribed to receive All Access program emails. You may unsubscribe from receiving marketing emails at any time by clicking the “unsubscribe” link contained in the email footer.
Limitation of Liability
WE OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUBSIDIARIES, JOINT VENTURES, THIRD-PARTY SERVICE PROVIDERS, OR OTHER REPRESENTATIVES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR RELATED TO THE ALL ACCESS PROGRAM OR YOUR ALL ACCESS MEMBERSHIP. OUR TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, WILL NOT EXCEED THE AMOUNT OF THE LAST MEMBERSHIP FEE YOU PAID. THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF YOUR ALL ACCESS MEMBERSHIP. CERTAIN STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Dispute Resolution
If a dispute should arise between you and SPKR Fitness, LLC, we want to provide you with a resolution that is efficient and cost effective by using our customer service team. Almost all customer service disputes can be resolved to the customer’s satisfaction by using our customer service by sending an email to discgolffitness@gmail.com.
If your dispute cannot be resolved using our customer service team, these Terms describe how we will proceed with the resolution of the dispute.
THE FOLLOWING PROVISIONS RELATE TO DISPUTES AND CLASS ACTIONS. IT IS IMPORTANT THAT YOU READ THESE PROVISIONS CAREFULLY BEFORE ACCEPTING THESE TERMS AND CONDITIONS.
No Class Actions
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CONSOLIDATED OR CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING. YOU UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST DISCGOLFFITNESS.COM IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.