Terms and Conditions
Last Updated: November 1, 2024
Thank you for visiting the BROADS mobile application (“Application”). Please carefully read these terms of use (“Terms of Use”) before using the Application and our Site as it contains important information about your use, the mobile application, and any subscriptions set up for the use of the educational and informational content, training, instruction, and materials (“Services”). The Terms of Use is a legally binding agreement and is entered into between you (“member”, “members”, “you”, or “your”) and Tara LaFerrara LLC, a Texas Limited Liability Company (“BROADS”, “we”, “us”, and “our”).
THE TERMS OF USE APPLY TO ALL MEMBERS OF OUR SITE, SERVICES AND APPLICATION. CONTINUED USE OF THIS SITE AND APPLICATION IS AN ACKNOWLEDGMENT OF OUR TERMS OF USE AND CONSTITUTES ACCEPTANCE OF THEM.
Your use of this Site and Application also represents that you have the right and capacity to enter into these Terms of Use and that you are at least 18 years of age. If you do not accept the Terms of Use or do not have the right, authority, or capacity to enter into this agreement, please do not use this Application, our Site, or our Services.
Any personal information provided by you within the Site or Application is subject to our Privacy Policy. Please read it carefully as you are agreeing to the terms of our Privacy Policy by agreeing to these Terms of Use.
LAWFUL PURPOSES
This Site and Application is to be used for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through this Site and Application. You agree to use this Site and Application for legitimate, non-commercial purposes only. You agree to not post or transmit any material through this Site or Application or via email that violates or infringes the rights of us or others, or any material that is threatening, abusive, obscene, defamatory, libelous, invasive of privacy rights, incites criminal conduct or gives rise to civil liability, or otherwise violates any law.
ACCOUNT CREATION
Accessing this Application may require the creation of an account (“Member Account”) using a username and password, as well as providing additional personal information, including your name, billing address, email address, date of birth, credit card numbers, billing information, and other personal information that is optional to add. You agree to provide accurate and complete information and to keep any information up to date, not to share this information with third parties, that you are responsible for any activity that takes place under your account, and to use it only for the purposes intended and as permitted under these Terms of Use. You agree to receive in-app notifications from us from time to time. If your account becomes compromised, you agree to contact us immediately and change your password. If you cannot access the Application at any time, please contact info@broads.app.
INTELLECTUAL PROPERTY AND LICENSE RESTRICTION
Ownership Rights: This Site and Application and any service provided contains intellectual property owned by us, and may include trademarks, logos, trade names, copyrights, patents, moral rights, and other intellectual property rights, registered or unregistered. All right, title, and interest in our intellectual property remain with us.
License to Member: Any service used on the Site or Application or downloaded from the Application is not a transfer of ownership rights and is only granting you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to download and use the Application and its contents and materials for your personal use. You agree and acknowledge that this does not grant you any ownership interest in the Application and does not grant you a license to sell, rent, copy, create derivative works from, share, or otherwise transmit or disseminate any materials or log-in and account information provided in connection with the Application, with anyone else for commercial or non-commercial use.
Content Contributed by Member: Any posts or contributions of content made by you do not constitute any transfer of rights of ownership from you; however, by posting or otherwise providing content to us, you grant us a non-exclusive, royalty-free, transferable, sub-licensable, irrevocable, perpetual worldwide license and right to use, reproduce, distribute, and display the content within the Application and in any other manner, including commercial use. You further agree to only post or provide any content that you own the rights to and you represent and warrant to us that you have the lawful right to post or contribute the content and that it does not infringe on any third parties intellectual property rights or violate any legal rights of any third party.
Third Party Content: This Site and Application may contain intellectual property from third parties, with a license to us for use on this Site and Application. You agree not to modify, reproduce, transfer, sell, create derivative works from, or distribute in any manner any of the content or intellectual property, ours or that of a third party, without prior written consent. Any violation of this policy will result in access to this Application being revoked, without refund.
Violations: Any violation by you of the license provisions contained herein may result in immediate termination of your license to use this Application, including all of its materials, content, and services. You acknowledge that if a third party claims you have infringed on their intellectual property or violated other legal rights or privacy rights, we may disclose your name and other information to that third party.
4. APPLICATION USE AND RESTRICTIONS
You agree to comply with the following restrictions:
Unauthorized Use: You agree not to act in any manner that may disrupt or negatively affect the Application or other member's experience in using the Application, including but not limited to introducing any virus, malware, software, trojan horse, bots, web crawlers, or other similar software or means to access, use, modify, change, disrupt, or interfere with the Application. You agree not to attempt to gain unauthorized access, disable, or disrupt the source code, algorithm, system, or network connected to the Application; not to reverse engineer or disassemble the Application or any Services; and not to take any action to scrape, index, or otherwise data mine any of the Services.
Unlawful Activities: You agree not to use this Application in any manner that is prohibited by these Terms of Use, or that would violate any applicable law, statute, regulation, or other governmental rule, including any content, posts, or contribution you make or upload within the Application. You acknowledge that we may take legal or other action as necessary for any illegal or unauthorized use of the Application.
Content You Contribute: You agree that any content you contribute to the Application may be publicly available, including if your Member Account is suspended, terminated, or canceled. You agree to only post, comment, or upload any content through the Application that is your own, is true and accurate, is not defamatory, discriminatory, abusive, racist, offensive, violent, or illegal, that you have the right to submit, post or upload, that does not impersonate any person or entity, does not contain a virus or other harmful material, or does not contain unsolicited advertisements or promotions.
Right to Remove: We reserve the right to monitor and remove any content uploaded by any member of the Application for any reason at any time.
Violations: You agree and acknowledge that we may suspend or terminate your access to the Application, including all of its materials, content, and services.
5. THIRD-PARTY CONTENT
There may be content on this Site or Application provided by third parties, including links to other services and products of third parties and websites, or the Services may be made available in connection with a third party. We do not make any representations as to the accuracy or completeness of any information or material contained on this Site or Application from a third party and we have no responsibility for any content that may be deemed misleading or offensive. References to any third-party content do not constitute our endorsement or approval of such third-party content, links, products, services, or information. We are not responsible or liable for any loss or damage or any communications, purchases, dealings, or correspondence between you and any third party. You agree to waive any and all claims, rights, or remedies against us regarding any third-party content and your interactions with any third party are at your own risk. Any third-party service accessed or used may be subject to the applicable terms and conditions and privacy policy of those third parties.
6. PAYMENTS AND MEMBERSHIP LEVELS
Payment Authorization: You agree and authorize us to charge your designated payment type (credit card or other billing method) for the full purchase price that you agree to when you create your Member Account, after any applicable free trial, on either a monthly or annual basis or any other period that may be offered to us (“billing period”). You agree to the fees set out in the Application when you are signing up based on the plan you are choosing of Services in the Application: BroadsCLUB, BroadsCOACH, or BroadsCHAMPION (“Membership Level”).
Automatic Renewal: YOU UNDERSTAND THAT BY MAKING THE FIRST PAYMENT YOU ARE SIGNING UP FOR AND AGREEING TO A RECURRING PAYMENT (“SUBSCRIPTION”) AND ACKNOWLEDGE THAT YOUR PAYMENT METHOD USED DURING THE INITIAL PAYMENT AFTER ANY FREE TRIAL WILL BE SAVED AND USED FOR THE RECURRING PAYMENTS UNTIL CANCELATION. Your subscription will automatically renew at the term you initially chose when you created your Member Account.
Payment Details: The price of the Membership Level that you choose will be listed in the Application when you create your Member Account, including any applicable fees or currency exchange rates determined by your IP address used to access the Application. When creating your Member Account, you agree and represent that the information you provide is accurate and complete.
Payment Failure: If payments fail for any reason (updated credit card is needed, payment information update is required, credit card expired, or other), you agree to resolve it immediately. Our third-party payment processor will continue to attempt to charge your designated payment type and if the card continues to fail, after 48 hours, your subscription will be deactivated and you will lose access to your account within the Application.
No Chargebacks: You agree to not make any chargebacks for your payment to us or cancel your credit card or billing method used without prior written consent. In the event a chargeback or merchant dispute is commenced by you with your financial institution for the Application, in which payment was owed, and you are successful in recovering these funds, we will provide these Terms of Use to the financial institution as well as evidence of your receipt of access to the Application. You agree to pay for any fees associated with us having to recover payments, including but not limited to, collection fees and attorneys’ fees. We reserve the right to report any chargeback incident to credit reporting agencies as a delinquent account.
Upgrade/Downgrade Member Account: If you would like to change your Membership Level, by either upgrading or downgrading or making any other updates to your billing method, please contact us at info@broads.app prior to your next billing date or by changing your Membership Level within the Account Settings of your Member Account within the Application.
Price Changes: We reserve the right to change the price of the Subscription at each Membership Level and will notify you at least 30 days before your next charge via email and in-app notification if you have it enabled. You may cancel at any time before the price change takes effect. If you fail to cancel before the price change takes effect, your Subscription will automatically renew at the new price and you agree and authorize us to charge your payment method the new price.
Free Trials: We may provide a free 7-day trial to new members on BroadsCLUB. These free trials are only available to members who are new to using this Application, and we reserve the right to cancel a free trial of any member if we become aware that the member has already had a free trial under a different Member Account or email address. Charges may apply if additional free trials are obtained by the same member. You may cancel at any time before the end of your free trial period to avoid being charged.
7. CANCELATION
You may cancel your Subscription to the Application at any time; however, you must cancel at least 24 hours before the end of your current billing period to avoid automatic renewal. You may cancel by going to your Account Settings within your Member Account of the Application. After cancelation, you will still have access to the Application for any period remaining in the billing period already paid.
8. TERMINATION
We have the right to suspend or terminate access to your Member Account at any time for any reason, including any of the reasons listed in these Terms of Use, or if you are in breach of any term or provision in these Terms of Use. If your account is terminated for any reason under any term of these Terms of Use, you may not be eligible to create another Member Account, even if it is under another name or email address.
9. ACCOUNT ACCESS
You acknowledge that there may be times when the Site and Application experience technical difficulties, maintenance, or network or system errors that are outside of our control. We will take all reasonable measures to ensure that the Application is available to you and will use our best efforts to avoid disruption of the Application and the Services. You agree and acknowledge that we are not liable or responsible for any internet connection issues or technical problems that may be a result of the device you are using to access the Application, your internet connection, failing to download and install new updates to the Application as may be required from time to time, or some other factor.
10. REFUNDS
Due to the digital nature of the Services provided in the Application and immediate access to materials granted at the time of purchase, no refunds are provided under any circumstances. However, you may cancel your Subscription at any time.
11. MODIFICATION OF THIS AGREEMENT
We reserve the right to update, modify, or amend these Terms of Use at any time, without notice. The effective date of the Terms of Use is listed above and it is your responsibility to check this Site and Application periodically for any updates. If changes are made to the Terms of Use that include material modifications or amendments, we will provide you with reasonable notice of the changes either through notifications within the Application or via email using the email address associated with the account you created. Continued use of the Site and Application constitutes acceptance of any changes, modifications, or amendments to the Terms of Use.
12. GUARANTEES AND WARRANTIES
We, our affiliates and partners, do not guarantee any results from using this Site and Application, try to provide up-to-date and accurate information but we do not make any representations that the information provided on this Site and Application, whether for free or for purchase, or any third-party site linked through the Application is always accurate, free from errors or omissions, current or reliable. The Application and any Services used are provided “AS IS” and without any warranty of any kind, express or implied, including an implied warranty of fitness for a particular purpose, merchantability, title, and non-infringement. We do not guarantee any outcome based on your use of this Application. Past results in other instances do not guarantee a similar outcome. As physical activity is promoted by the Services in the Application, we recommend seeking any professional advice that you may need from a medical or health care professional, and you agree and acknowledge that using the Services in the Application is at your own risk.
13. SERVICES AND DISCLAIMERS
This Site and Application provides fitness and exercise videos, details, information, plans, training, programming, resources, tracking capabilities, and community interaction (“Services”). You agree and acknowledge that this Site and Application does not provide personal medical, health, or personal training advice and it is not a substitute for consulting a professional at any Membership Level. No material downloaded or resource used or read on this Site or Application constitutes medical or health advice. Your use of the content on this Site and Application or content from our email list is at your own risk. We do not guarantee any results from using this Site or Application.
Statements made regarding health or fitness outcomes are not a guarantee that you will have the same results. You acknowledge and agree that we cannot guarantee your future results or success with the fitness or exercise programs, workouts, training, or other. Your success is based on your actions and not on the Site, Application or Services. You acknowledge and agree that we are not liable for your success or results.
The testimonials and opinions displayed on our Site and Application or in any of our marketing material on the internet apply to the individual who wrote it. Results vary and the success of some does not guarantee the same or similar results from others. Our testimonials are provided voluntarily. We did not pay for these testimonials, they were not given in exchange for free services or products or any other benefit. The testimonials we provide illustrate the typical experiences of our clients; however, we acknowledge that results are individual and can vary.
Any content or comments from other members that you may see on our Site and Application are the opinions of the individual author and do not necessarily reflect our views or opinions. We reserve the right to remove any content or comments that we find offensive or inappropriate.
This Site and Application may contain “affiliate links.” If you click on a link and purchase the item we receive an affiliate commission; however, we want to make it clear that we only recommend products or services that we believe will be beneficial to you. If an affiliate link is posted, it will be disclosed to you on the same page. We disclose this information in accordance with the Federal Trade Commission’s 16 CFR, Part 255: “Guides Concerning the Use of Endorsements and Testimonials in Advertising.”
14. WAIVER, RELEASE OF LIABILITY
You acknowledge and understand that participation in the activities discussed and recommended in the Application and Site can be considered strenuous and is subject to the risk of injury and serious injury. You agree that if you engage in the activity, participation is at your risk and it is your responsibility to consult with a physician before beginning the activity regarding your medical history or at any point during or after the participation if it becomes necessary. You understand that it is your responsibility to consult with a physician for diagnosis or treatment if you have or suspect that you have a medical problem, concern, or issue before, during, or after participation in the activity.
15. LIMITATION OF LIABILITY
WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE, APPLICATION OR SERVICES, LOSS OF USE, LOSS OF DATA, WEBSITE ATTACKS INCLUDING COMPUTER VIRUS OR HACKING OF ANY KIND, THIRD-PARTY CLAIMS, OR ANY MISUSE OF INFORMATION, SERVICES OR PRODUCTS. WE ARE NOT LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INJURY, LOSS, OR DAMAGES OF ANY KIND, WHETHER THE LIABILITY ARISES OUT OF BREACH OF CONTRACT, TORT, NEGLIGENCE, WARRANTY OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE HAVE NO RESPONSIBILITY OR LIABILITY TO YOU RELATING TO ANY EXERCISE, FITNESS PLAN, MOVEMENT, OR SERVICES PROVIDED OTHER THAN AS SET FORTH IN THESE TERMS. THESE LIMITATIONS DO NOT LIMIT ANY LIABILITY TO ANY RIGHTS THAT CANNOT BE EXCLUDED BY LAW. Our maximum aggregate liability under or in connection with these Terms of Use, whether in contract, tort, including negligence, or any other type of cause of action, shall be limited to the amount you paid for the Services in the last twelve (12) months.
16. SEVERABILITY
If any provision of these Terms of Use is held, in whole or in part, to be unenforceable for any reason, the remainder of that provision and the entire agreement will be severable and remain in full force and effect
17. FORCE MAJEURE
We shall not be liable for any failure or delay in performance of any obligation under these Terms of Use, if the failure or delay in performance is due to any cause beyond our reasonable control, including, but not limited to electronic or communication failures, electrical outages, network failures, pandemics, floods, acts of God, or other similar or different occurrences beyond the reasonable control of us. Force majeure events shall not include a party’s financial inability to perform its obligations under these Terms of Use.
18. ASSIGNMENT
These Terms of Use are not assignable or otherwise transferable by you, and any such attempt to transfer, assign, delegate, or sub-license is not valid. We reserve the right to transfer or assign our rights and obligations under these Terms of Use to another party.
19. INDEMNIFICATION
You acknowledge and agree to indemnify and hold us and our assignees harmless, including costs and attorneys’ fees, from any damages, losses, liabilities, costs, claims, or demand made against you due to or arising out of your use of the Application or your violation of these Terms of Use; any infringement of third party rights by you arising out of your use of the Application, such as any intellectual property or other rights of any person or entity arising out of or related to any Subscription or Services purchased by you in connection with the Application.
20. WAIVER
You agree that our failure to enforce any provision of these Terms of Use shall not be deemed a waiver of our rights under these Terms of Use to subsequently enforce any provision
21. GOVERNING LAW
These Terms of Use shall be governed and construed in accordance with the laws of the State of Texas without giving effect to principles of conflicts of law.
22. ARBITRATION
If any dispute arises out of or in connection to a claimed breach of these Terms of Use or any other dispute arising out of or relating to these Terms of Use of any nature, type, or description, such dispute shall be resolved exclusively by binding arbitration by a single arbitrator in Texas, in the County of Travis, and administered under, and in accordance with, the Commercial Arbitration Rules and Mediation Procedures of the American Arbitration Association in effect at the time the arbitration is commenced. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
23. ENTIRE AGREEMENT
You agree that these Terms of Use contain the entire agreement between you and us about the Application. No other agreement, statement, or promise made will supersede these Terms of Use.
24. HEADINGS
All headings are included for convenience purposes only and bear no impact on the construction of any terms of this provision.