# Aviron Interactive – Terms of Service **Page Type:** Support – Legal Agreement **Summary:** The Aviron Interactive Terms of Service governs your use of the Aviron online service, mobile apps, exercise equipment software, and related content. It covers membership terms, rules of conduct, transactions, fitness disclaimers, arbitration requirements, and user responsibilities. --- ## Overview This Agreement is between you and Aviron Interactive Inc. ("Aviron" or "we" or "us") concerning your use of the online services Aviron makes available through its exercise equipment, any mobile app(s) made available in connection with such equipment (the "App"), and any software, web pages, cloud services, content, and other materials and services available therein, and successor service(s) and app(s) thereto (collectively, the "Service"). By using the Service, you affirm that you are of legal age to enter into this Agreement, or that you have obtained parental or guardian consent to enter into this Agreement. Separate age requirements may apply to use of any Aviron devices. If you are accessing or using the Service on behalf of a corporation, partnership, or other entity (an "Organization"), you are agreeing to this Agreement on behalf of yourself and such Organization, and you represent and warrant that you have the legal authority to bind such Organization. **Important:** This Agreement contains a mandatory arbitration provision (Section 21) requiring arbitration on an individual basis to resolve disputes, rather than jury trials, court proceedings, or class actions of any kind. --- ## 1. Changes Aviron may change this Agreement from time to time by notifying you by any reasonable means, including by posting a revised Agreement through the Service. Changes will not apply to any dispute arising prior to the date the revised Agreement was posted or you were otherwise notified. Your continued use of the Service following any changes constitutes your acceptance of such changes. Aviron may, at any time and without liability: - Modify or discontinue all or part of the Service - Charge, modify, or waive any fees required to use any part of the Service - Offer opportunities to some or all Service users --- ## 2. Information Submitted Through the Service Your submission of information through the Service is governed by Aviron's Privacy Policy. You represent and warrant that any information you provide is and will remain accurate and complete, and that you will maintain and update such information as needed. --- ## 3. Jurisdictional Issues The Service is controlled or operated from Canada and is not intended to subject Aviron to any non-Canadian jurisdiction or law. The Service may not be appropriate or available for use in some non-Canadian jurisdictions. Any use of the Service is at your own risk, and you must comply with all applicable laws, rules, and regulations. Aviron may limit the Service's availability at any time, in whole or in part, to any person, geographic area, or jurisdiction. --- ## 4. Fitness-Related Content The Service may include instructional videos, exercise routines, exercise records, and other media. You acknowledge and agree that: - Aviron is not a healthcare provider or fitness instructor - The Service (including any recommendations or personalized information) may not be appropriate for you and does not constitute or replace medical advice - Aviron is not responsible for any results that may or may not be obtained from use of the Service - It is your sole responsibility to consult with your personal physician regarding any medical condition, impairment, or disability that may prevent or limit your ability to use the Service - You are solely responsible for abiding by your personal physician's recommendations and for using the Service in accordance with their advice **Age restrictions:** - Individuals under 10 years old are not permitted to use or access the Service - Minors who are at least 10 years old and can safely fit and use Aviron equipment may use the Service with parent/guardian consent, provided the parent/guardian is present at all times during use --- ## 5. Waiver By using the Service, you may be exposed to a variety of hazards and risks, foreseen or unforeseen, including risks arising from entering a gym or other space, performing physical activity, and/or using the equipment on which the Service is available. Injuries or damage could occur by natural causes or activities of other persons, including other users of such equipment or third-party fitness instructors, whether as a result of negligence or otherwise. To the fullest extent permitted by applicable law, you voluntarily assume all risk of loss, damage, and injury to person or property that may arise from or relate to your use of the Service. You hereby waive and release Aviron and the Affiliated Entities, to the maximum extent permitted by law, from any claim, action, suit, or demand arising out of or in connection with use of the Services (including with respect to any physical injury or death). You acknowledge that neither Aviron nor the Affiliated Entities will incur any obligation to you under any legal theory (including negligence) as a result of your use of the Service. This release is binding upon you and your heirs, executors, administrators, successors, and assigns. --- ## 6. Rules of Conduct In connection with the Service, you must not: - Post, transmit, or otherwise make available any materials that are: threatening, harassing, degrading, hateful, or intimidating; defamatory, libelous, fraudulent, or otherwise tortious; obscene, indecent, pornographic, or otherwise objectionable; or protected by copyright, trademark, trade secret, right of publicity or privacy, or any other proprietary right, without express prior written consent of the applicable owner - Post, transmit, or otherwise make available any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other harmful or invasive computer code, file, or program (each, a "Virus") - Use the Service for any commercial purpose, or for any purpose that is fraudulent or otherwise tortious or unlawful - Harvest or collect information about users of the Service - Interfere with or disrupt the operation of the Service or the servers or networks used to make the Service available, including by hacking or defacing any portion of the Service - Restrict or inhibit any other person from using the Service with their own Aviron device - Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute, or otherwise exploit any portion of the Service without Aviron's express prior written consent - Reverse engineer, decompile, or disassemble any portion of the Service, except where such restriction is expressly prohibited by applicable law - Remove any copyright, trademark, or other proprietary rights notice from the Service - Frame or mirror any portion of the Service, or otherwise incorporate any portion of the Service into any product or service, without Aviron's express prior written consent - Systematically download and store Service content - Use any robot, spider, site search/retrieval application, or other manual or automatic device to retrieve, index, scrape, data mine, or otherwise gather Service content, or reproduce or circumvent the navigational structure or presentation of the Service, without Aviron's express prior written consent You are responsible for obtaining, maintaining, and paying for all hardware and all telecommunications and other services needed to use the Service. --- ## 7. Products The Service may make available listings, descriptions, and images of goods or services or related coupons or discounts (collectively, "Products"), as well as references and links to Products. Such Products may be made available by Aviron or by third parties. - Availability of any listing, description, or image of a Product does not imply Aviron's endorsement of such Product or affiliation with the provider - Aviron makes no representations as to the completeness, accuracy, reliability, validity, or timeliness of such listings, descriptions, or images - Product information and availability (including the validity of any coupon or discount) are subject to change at any time without notice - Certain weights, measures, and similar descriptions are approximate and for convenience only - Actual colors displayed will depend on your computer system; Aviron cannot guarantee accurate color display - It is your responsibility to ascertain and obey all applicable local, state, federal, and foreign laws (including minimum age requirements) regarding the purchase, possession, and use of any Product --- ## 8. Transactions Aviron may make available the ability to purchase or otherwise obtain certain Products through the Service (a "Transaction"). You may be asked to supply relevant information such as your credit card number, expiration date, billing address, and shipping information. You represent and warrant that you have the right to use any credit card submitted in connection with a Transaction. Aviron reserves the right, including without prior notice, to: - Limit the available quantity of or discontinue making available any Product - Impose conditions on the honoring of any coupon, discount, or similar promotion - Bar any user from making any Transaction - Refuse to provide any user with any Product Refunds and exchanges are subject to Aviron's applicable refund and exchange policies. You agree to pay all charges incurred through the Service at the prices in effect when such charges are incurred, including all shipping and handling charges. You are also responsible for any applicable taxes. Receipt of an e-mail order confirmation does not constitute Aviron's acceptance of an order or confirmation of an offer to sell a product or service. Products will be shipped to an address designated by you, provided such address is complete and complies with the shipping restrictions on the Service. All Transactions are made pursuant to a shipment contract; risk of loss and title for Products pass to you upon delivery to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. --- ## 9A. Memberships Certain features, functionalities, and other aspects of the Services may be available only through a separate Membership Program for users with a valid membership. **Key membership terms:** - A membership is automatically included with the purchase of an Aviron machine and will be activated upon logging into the device unless otherwise modified prior to activation - The Membership Fee is the amount currently identified at [https://www.avironactive.com](https://www.avironactive.com/support/), plus any applicable taxes, and is non-refundable - Aviron may, in its sole and absolute discretion, change the Membership Fee from time to time **Membership terms and renewal:** - Available for an initial term of one month, one year, or other multi-year periods, with the Membership Fee payable monthly, annually, or multi-annually - After the initial term, each membership will renew automatically unless you cancel - If you participated in a promotional or free trial period, your membership will automatically activate 30 days after the purchase date if not manually activated, and will automatically renew as an annual membership - Unless you cancel, you expressly agree that your membership will automatically continue for another term and you authorize Aviron (without notice to you, unless required by applicable law) to collect and charge the then-applicable Membership Fee and any applicable taxes for each renewal, using any payment card Aviron has on file for you - You agree to provide Aviron with alternate payment card information if the payment card on file is no longer valid or if you choose to use a different payment card **Membership purchases are final sale.** Except as otherwise required by applicable law, any paid Membership Fees (or payable Membership Fees for the remainder of an existing membership) are non-refundable. --- **Canonical URL:** https://www.avironactive.com/support/general/term-of-service/