These Terms of Use (“Terms”) govern your use of the MyCurves On Demand service (“MCOD”) provided by Curves NA, Inc. (“Curves”). You automatically agree to these Terms and to our Privacy Policy simply by using MCOD.
PLEASE NOTE THAT SECTION 16 OF THESE TERMS CONTAINS AN ARBITRATION CLAUSE AND A CLASS ACTION WAIVER PROVISION. IT AFFECTS HOW DISPUTES BETWEEN YOU AND CURVES MAY BE RESOLVED.
We reserve the right to modify MCOD at any time, with or without notice to you. For example, we may add or remove functionality or features, and we may suspend or stop a particular feature altogether. If you don’t like any changes, you can stop using MCOD at any time, subject to our cancellation policy described below.
You will be required to create an account, specify a password, and agree to these Terms and our Privacy Policy in order to use the features of MCOD. To create an account, you must be at least 18 years old, and you must provide truthful and accurate information. Don’t try to impersonate anyone else when you create your account. If your information changes at any time, please update your account to reflect those changes.
You may not share your account with anyone else. Please keep your password confidential and try not to use it on other websites or services. You are responsible for any purchases made with your account. If you believe that your account has been compromised at any time, please reset your password in your MCOD account.
Monthly Membership. If you are a monthly member, you will be billed on a month-to-month basis, renewing automatically unless you cancel your membership, as described below, or we terminate it. Your first month’s payment includes charges for any products necessary to participate in MCOD. If you cancel after any payment, your membership will continue until the end of that month.
Annual Membership. If you are an annual member, you will be billed once for a 12-month membership, renewing annually unless you cancel your membership, as described below, or we terminate it. If you cancel after your payment, your membership will continue until the end of the 12-month period.
Other Membership. We may offer other membership plans, such as promotional plans, that differ from the plan set out in these Terms. The materially different terms and details of those plans will be presented to you at the time you sign up for the plan. Details regarding your membership are available on your account page.
Monthly or Annual Membership Purchased Through a Curves Club. For Terms and Conditions related to Membership for MyCurves On Demand purchased or serviced through a local Curves club, please contact the local club. All inquiries must be directed to the local Curves club where the MyCurves On Demand membership was purchased. To find your local club contact information, visit www.curves.com/locations.
Payment Method. Memberships require Internet access and a current, valid, accepted method of payment on file with your MCOD account (“Payment Method”) that will be billed automatically each month. Please monitor your Payment Method to ensure that it remains current. If your Payment Method expires, your membership will automatically be cancelled fourteen (14) days after your original payment due date.
Recurring Billing. Your Payment Method will be charged for the membership fee each month or year, depending on your membership, on the same date unless you cancel, or we terminate, your membership prior to the billing date of the next payment period. If you sign up on the last day of the month, you will be charged on the last day of each following month. Your membership fee may include applicable taxes or fees that will be included on your monthly bill.
Price Changes. We reserve the right to change our membership fee at any time. If we do make changes to the fee, we will provide you with notice, via e-mail to the address listed on your account, prior to charging you for the new fee amount.
Payment Processed Through a Curves Club. For payment terms related to membership for MyCurves On Demand purchased or serviced through a local Curves club, please contact the local club. All inquiries must be directed to the local Curves club where the MyCurves On Demand membership was purchased. To find your local club contact information, visit www.curves.com/locations.
No Refund. Payments are non-refundable and there are no refunds or credits for partially used periods.
Cancellation of Online Membership.
You may cancel your MCOD membership at any time. You must cancel your membership through your account using the following steps:
On Web:
On Mobile App:
Please Note: Cancellations take effect at the end of the current billing period and can take up to 48 hours to process.
Cancellation of Club-Purchased Membership.
For cancellation terms related to membership for MyCurves On Demand purchased or serviced through a local Curves club, please contact the local club. All inquiries must be directed to the local Curves club where the MyCurves On Demand membership was purchased. To find your local club contact information, visit www.curves.com/locations.
We may provide opportunities for you to post text, photographs, videos, or other content (collectively, “Content”) on MCOD or any MCOD social media accounts. You may only post Content if you own all the rights to that Content, or if you have permission from other people who own the rights.
You do not transfer ownership of your Content simply by posting it. However, by posting Content, you grant Curves, its agents, licensees, and assigns an irrevocable, perpetual (non-exclusive) right and permission to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use your Content. This license continues even if you stop using MCOD.
You agree to indemnify Curves against any and all liability, claims, actions, loss, harm, damage, injury, cost, or expense arising out of any Content you post.
We are not responsible for, and do not endorse, Content posted by any other MCOD user on MCOD or the MCOD social media accounts. Accordingly, we may not be held liable, directly or indirectly, for any loss or damage caused to you in connection with any Content posted by another person.
Do not use MCOD in a way that violates any laws, infringes anyone’s rights, is offensive, or interferes with MCOD or any features of MCOD (including any technological measures we employ to enforce these Terms or provide you with access to MCOD or its content). If we (in our sole discretion) determine that you have acted inappropriately, we reserve the right to terminate your account, prohibit you from using MCOD, and take appropriate legal actions.
You understand that physical exercise can be strenuous and can cause injury. We encourage you to consult with your physician before using MCOD. You assume all risks associated with your use of MCOD, including, without limitation, the risk of physical or mental injury.
MCOD and any content available on MCOD (“MCOD Content”) are for your personal, non-commercial use. During your MCOD membership, you have a limited, non-exclusive, non-transferable license to access MCOD and MCOD Content through MCOD. Other than this limited license, you have no right, title, or interest in MCOD. You agree not to use MCOD or MCOD Content for any commercial or public use or to duplicate or otherwise misuse MCOD content. You may not use MCOD Content unless you obtain our permission, or unless you are otherwise permitted by law. Login information, including username and password, cannot be shared with anyone else.
MCOD and MCOD Content may be available in different forms in different countries and features may not work with all Internet settings or on all devices. You are responsible for confirming that MCOD will work on your device. MCOD is not responsible for internet connection/stability that could adversely affect the quality of your MCOD experience. Check with your internet provider if you experience any issues.
MCOD is hosted and run on FORTË, Inc. software to enable streaming and viewing of MCOD Content through specific supported devices. For a list of supported devices click here. By using MCOD, you agree to automatically receive updated versions of MCOD and third-party software. If you do not accept these terms, please do not use MCOD.
Curves, pursuant to 17 U.S.C. § 512, the Digital Millennium Copyright Act (the “DMCA”), has implemented the following procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the DMCA. Curves accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.
Curves, pursuant to 17 U.S.C. § 512, the Digital Millennium Copyright Act (the “DMCA”), has implemented the following procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the DMCA. Curves accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.
If you believe any Content on MCOD infringes your copyrights, you may request that we remove the Content from MCOD (or disable access to that Content) by contacting our Designated Agent (identified below) and providing the following information:
Send this information to us by mail or e-mail.
By mail:
Curves NA, Inc.
Attn: MyCurvesOnDemand
400 Schroeder Dr.
Waco, TX 76710
By e-mail:
[email protected]
Once notification in accordance with the above is received by the Designated Agent, it is Curves policy to: (a) remove or disable access to the Content; (b) notify the provider of the Content or user of MCOD that it has removed or disabled access to such Content; and (c) terminate repeat infringers’ access to MCOD.
If you receive a notification of alleged copyright infringement, and believe that the claim is erroneous, you may submit a counter-notification to Curves Designated Agent within thirty (30) days of the date the Content was removed from MCOD. A counter-notification must be a written communication that includes substantially the following:
Upon receipt of a counter-notification in accordance with the above, Curves shall promptly provide the complaining party with a copy. The complaining party shall have within ten (10) business days to inform Curves that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity on MCOD. If Curves receives such notification within ten (10) business days, Curves shall not replace the removed Content or cease disabling access to it. If Curves does not receive such notification from the complaining party that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity on MCOD, then Curves shall replace the removed Content or cease disabling access to it within four (4) business days following the expiration of the ten (10) business day deadline.
In accordance with the DMCA and other applicable law, Curves may, in appropriate circumstances, at Curves’ sole discretion, terminate access to MCOD of any user that Curves finds to be a repeat infringer. Curves reserves the right to define the criteria by which Curves will determine that a user is a “repeat infringer.” In the event that “repeat infringer” is defined by statute, law, or regulation as applicable to 17 USC § 512, Curves will adopt that definition as a minimum standard. Without limiting Curves’ right to define “repeat infringer,” as a general rule, Curves will define a “repeat infringer” as any person or entity about whom Curves has received three or more DMCA notifications of alleged infringement in accordance with the procedures outlined above. Curves will take into account all relevant facts and circumstances when determining whether or not termination of access and/or use privileges of a “repeat infringer” is appropriate.
If you believe that a user is a repeat infringer, please follow the instructions above to contact Curves’ Designated Agent and provide information sufficient for us to verify that the user has been determined to be in violation of the DMCA repeatedly.
MCOD may include features that operate in conjunction with certain third-party social networking websites that you visit such as Facebook, Pinterest, Instagram, YouTube, and Twitter (“Social Network Features”). While your use of the Social Network Features is governed by these Terms, your access and use of third-party social networking sites and the services provided through MCOD is governed by the terms of service and other agreements posted on these sites. You are responsible for ensuring that your use of those sites complies with any applicable terms of service or other agreements.
We provide MCOD using a commercially reasonable level of care, but there are certain things that we cannot guarantee.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS, CURVES DOES NOT MAKE ANY SPECIFIC PROMISES ABOUT MCOD. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT ON MCOD, THE SPECIFIC FUNCTION OF MCOD, OR ITS RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE MCOD “AS IS.”
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
EXCEPT WHERE PROHIBITED, CURVES SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF MCOD OR ANY THIRD PARTY’S USE OF MCOD. THESE EXCLUSIONS INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, COMPUTER FAILURE, OR THE VIOLATION OF YOUR RIGHTS BY ANY THIRD PARTY, EVEN IF CURVES HAS BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED.
You agree that any dispute or claim arising out of your use of MCOD, including any dispute or claim as to the application, enforceability, scope, or interpretation of this agreement to arbitrate, shall be resolved by binding arbitration, rather than in court, except as noted below.
This Agreement shall be governed by, and construed in accordance with, the laws of the State of Texas as though made and to be fully performed in said State and without regard to its law governing conflict of laws. Any dispute arising out of or relating to this Agreement or the alleged breach of it shall be put in a written notice to the other party and discussed between the disputing parties in a good faith effort to arrive at a mutual settlement of any such controversy. If, notwithstanding the good faith efforts of the parties, such dispute cannot be resolved within thirty (30) days of the date the written notice of the dispute was received, the parties shall proceed with arbitration (“Arbitration”). All terms in this Agreement are only intended to apply to the maximum extent permitted by applicable law. All disputes in connection with or arising under or out of this Agreement shall be fully and finally settled by arbitration in McLennan County, Texas pursuant to the rules of Commercial Arbitration Rules of the American Arbitration Association. This arbitration clause shall be governed by and interpreted in accordance with the Federal Arbitration Act. The parties agree that there shall only be one arbitrator and that the arbitrator shall be selected in accordance with the procedures used by the American Arbitration Association. The decision of the arbitrator shall be final and may be enforced by any court of competent jurisdiction. The arbitrator shall not be permitted under any circumstances to award punitive damages to any party. This Arbitration provision shall not prevent either party from initiating a court action to obtain temporary, preliminary or permanent injunctive relief as to any claim arising from or out of this Agreement or the relationship between the parties. Any such action shall be commenced in courts, state or federal, in McLennan County, Texas. The arbitrator shall decide any dispute or claim strictly in accordance with the laws of the State of Texas, without regard to its choice of law rules. The costs and expenses of the arbitration, including the fees of the arbitration, shall be borne equally by each party to the dispute or claim, and each party shall pay its own fees, disbursements and other charges of its counsel. Upon a judgment, the prevailing party shall receive all fees, costs, disbursements and other charges of its counsel. All proceedings shall be confidential.
We may modify these Terms at any time, so be sure to check back regularly. By continuing to use or log in to MCOD after these Terms have changed, you indicate your agreement to the revised Terms. If you do not agree to the changes, you should stop using or logging in to MCOD.
MCOD may contain links to third-party websites. That doesn’t mean that we control or endorse those websites, or any goods or services sold on those websites. Similarly, MCOD may contain ads from third parties. We do not control or endorse any products being advertised. We are not liable for any harm caused by a third-party website or service.
When you use MCOD or send communications to us through MCOD or via e-mail, you are communicating with us electronically. Similarly, you consent to receive communications related to your use of MCOD from us electronically. You agree that all agreements, notices, disclosures, and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from Curves to you shall be deemed delivered and effective when sent to the e-mail address you provide to us.
We have the right to use any communications you send to us for any purpose, including responses to questionnaires or feedback about MCOD. If we use these communications in any way, we are not required to pay you or give you any credit for such use.
If you do not comply with these Terms, and we don’t take action right away, that does not constitute a waiver, and we are not giving up any rights that we may have (such as taking action in the future). If it turns out that a particular provision in these Terms is not enforceable, that will not affect any other provision.
Last updated: October 6, 2022
Please Note:
*MyCurves On Demand + Group Coaching monthly charge is $69.99 USD. For MCOD monthly plan, first month charge is $49.99 USD. Monthly charge is $24.99 USD thereafter, excludes group coaching. For MCOD annual plan, charge is $299.99 USD, paid-in-full, excludes group coaching. Standard pricing MCOD plans include resistance band; free trials and Quick Start plans do not. Nutrition Program + MCOD + Group Coaching is $159 USD monthly. Nutrition Program + Group Coaching is $89.99 USD monthly, excludes MCOD. Health & Wellness Series courses that include MCOD + Group Coaching are $199.99 USD for 10 weeks and $69.99 USD monthly thereafter. HWES for existing MCOD members are $129.99 USD, paid-in-full- and limited-time access depending on the rental purchase. Sales tax will be added and varies by location. Open to new and existing customers. Cannot be combined with other offers. Outside the US, charges will be based on current currency rates. For full terms and cancellation go to our Terms of Service.
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