Terms of Service
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 MASHUP®️ MAY BE RESOLVED.
1. Modifications and Termination,
We reserve the right to modify MASHUP®️ On Demand 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 MASHUP®️ On Demand at any time, subject to our cancellation policy described below.
2. Your Account
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 MASHUP®️ On Demand 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 MASHUP®️ On Demand. 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.
Payment Method. Memberships require Internet access and a current, valid, accepted method of payment on file with your MASHUP®️ On Demand 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.
No Refunds. Payments are non-refundable and there are no refunds or credits for partially used periods.
You may cancel your MASHUP®️ On Demand membership at any time. You must cancel your membership through the method that you subscribed. If you subscribed via a URL then cancel through the website. If you subscribed via the App directly, then cancel through the App. Please use the following steps:
You can cancel your MASHUP® on Demand subscription at any time by logging into your account at https://www.mashupondemand.com. Click on the menu icon in the upper-left hand corner and select My Account. Next, select Manage Subscription. You can then click on Cancel Subscription.
If you subscribed to the MASHUP® on Demand app through the app store, you will need to cancel your subscription directly through the app store. To do this, please follow the directions below.
- 1. Open Settings on your Apple device
- 2. Select your Apple ID
- 3. Scroll down to iTunes & App Store
- 4. Tap on your Apple ID/email address
- 5. Tap View Apple ID, then enter your Touch/Face ID or password
- 6. From the Account Settings page, scroll down and tap Subscriptions
- 7. Choose your MASHUP® On Demand subscription
- 8. Tap Cancel Subscription. Next, tap Confirm on the Confirm Cancellation pop up.
Cancellations take effect at the end of the current billing period.
6. Content You Post
We may provide opportunities for you to post text, photographs, videos, or other content (collectively, “Content”) on MASHUP®️ On Demand or any MASHUP®️ 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 MASHUP®️, 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 MASHUP®️ On Demand.
You agree to indemnify MASHUP®️ against any and all liability, claims, actions, loss, harm, damage, injury, cost, or expense arising out of any content you post.
7. Content Posted by Others
We are not responsible for, and do not endorse, content posted by any other MASHUP®️ On Demand user on MASHUP®️ On Demand or the MASHUP®️ 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.
8. Your Use of MASHUP®️ On DemandPlease do not use MASHUP®️ On Demand in a way that violates any laws, infringes anyone’s rights, is offensive, or interferes with MASHUP®️ On Demand or any features of MASHUP®️ On Demand (including any technological measures we employ to enforce these Terms or provide you with access to MASHUP®️ On Demand 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 MASHUP®️ On Demand, 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 MASHUP®️ On Demand. You assume all risks associated with your use of MASHUP®️ On Demand, including, without limitation, the risk of physical or mental injury.
9. MASHUP®️ On Demand Content
MASHUP®️ On Demand and any content available on MASHUP®️ On Demand (“MASHUP®️ On Demand Content”) are for your personal, non-commercial use. During your MASHUP®️ On Demand membership, you have a limited, non-exclusive, non-transferable license to access MASHUP®️ On Demand and MASHUP®️ On Demand Content through MASHUP®️ On Demand. Other than this limited license, you have no right, title, or interest in MASHUP®️ On Demand. You agree not to use MASHUP®️ On Demand or MASHUP®️ On Demand Content for any commercial or public use or to duplicate or otherwise misuse MASHUP®️ On Demand content. You may not use MASHUP®️ On Demand Content unless you obtain our permission, or unless you are otherwise permitted by law.
MASHUP®️ On Demand and MASHUP®️ On Demand 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 MASHUP®️ On Demand will work on your device. MASHUP®️ On Demand is not responsible for internet connection/stability that could adversely affect the quality of your MASHUP®️ On Demand experience. Check with your internet provider if you experience any issues.
MASHUP®️ On Demand is hosted and run on Intel video, Inc. software to enable streaming and viewing of MASHUP®️ On Demand Content through specific supported devices. For a list of supported devices click here and here. By using MASHUP®️ On Demand, you agree to automatically receive updated versions of MASHUP®️ On Demand and third-party software. If you do not accept these terms, please do not use MASHUP®️ On Demand.
10. MASHUP®️ Trademarks and Copyrights
All trademarks, logos, and service marks displayed on MASHUP®️ On Demand are registered and unregistered trademarks of MASHUP®️ and/or third parties who have authorized their use (collectively the “Trademarks”). You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Trademarks in any way. All of the materials on MASHUP®️ On Demand are copyrighted, except where explicitly noted otherwise. We will enforce our intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution, if necessary.
11. Copyright Protection>
MASHUP®️, 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. MASHUP®️ accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.
If you believe any Content on MASHUP®️ On Demand infringes your copyrights, you may request that we remove the Content from MASHUP®️ On Demand (or disable access to that Content) by contacting our Designated Agent (identified below) and providing the following information:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work and, where possible, include a copy or the location (e.g., URL) of an authorized version of the work.
- Identification of the material that you believe to be infringing and its location. Please describe the material and provide us with its URL or any other pertinent information that will allow us to locate the material.
- Your name, address, telephone number, and e-mail address.
- A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
- A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative. Send this information to us by mail or e-mail.
By mail:MASHUP®️ Conditioning, LLC. Attn: MASHUP®️ On Demand 3000 S. Hulen Fort Worth, TX 76092
Once notification in accordance with the above is received by the Designated Agent, it is MASHUP®️ policy to: (a) remove or disable access to the Content; (b) notify the provider of the Content or user of MASHUP®️ On Demand that it has removed or disabled access to such Content; and (c) terminate repeat infringers’ access to MASHUP®️ On Demand.
If you receive a notification of alleged copyright infringement, and believe that the claim is erroneous, you may submit a counter-notification to MASHUP®️ Designated Agent within thirty (30) days of the date the Content was removed from MASHUP®️ On Demand. A counter-notification must be a written communication that includes substantially the following.
- Identification of the material that has been removed or disabled and its location. Please describe the material and provide us with its URL or any other pertinent information that will allow us to locate the material.
- Your name, address, telephone number, and e-mail address.
- A statement “under penalty of perjury” that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material.
- A signature or the electronic equivalent of the person submitting the counter-notification.
Upon receipt of a counter-notification in accordance with the above, MASHUP®️ shall promptly provide the complaining party with a copy. The complaining party shall have within ten (10) business days to inform MASHUP®️ that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity on MASHUP®️ On Demand. If MASHUP®️ receives such notification within ten (10) business days, MASHUP®️ shall not replace the removed Content or cease disabling access to it. If MASHUP®️ 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 MASHUP®️ On Demand, then MASHUP®️ On Demand 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, MASHUP®️ may, in appropriate circumstances, at MASHUP®️’s sole discretion, terminate access to MASHUP®️ On Demand of any user that MASHUP®️ finds to be a repeat infringer. MASHUP®️ reserves the right to define the criteria by which MASHUP®️ 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, MASHUP®️ will adopt that definition as a minimum standard. Without limiting MASHUP®️’s right to define “repeat infringer,” as a general rule, MASHUP®️ will define a “repeat infringer” as any person or entity about whom MASHUP®️ has received three or more DMCA notifications of alleged infringement in accordance with the procedures outlined above. MASHUP®️ 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 MASHUP®️’s Designated Agent and provide information sufficient for us to verify that the user has been determined to be in violation of the DMCA repeatedly.
12. Social Networks
MASHUP®️ On Demand 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 MASHUP®️ On Demand 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.
13. Our Warranties and Disclaimers
We provide MASHUP®️ On Demand 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, MASHUP®️ DOES NOT MAKE ANY SPECIFIC PROMISES ABOUT MASHUP®️ ON DEMAND. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT ON MASHUP®️ ON DEMAND, THE SPECIFIC FUNCTION OF MASHUP®️ ON DEMAND, OR ITS RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE MASHUP®️ ON DEMAND “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.
14. Liability for our Services
EXCEPT WHERE PROHIBITED, MASHUP®️ SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF MASHUP®️ ON DEMAND OR ANY THIRD PARTY’S USE OF MASHUP®️ COACH CONNECT. 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 MASHUP®️ 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 MASHUP®️ On Demand, 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 that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
Arbitration shall be administered by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”), pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014, and conducted by a single, neutral arbitrator. Arbitration shall take place by phone, unless an in-person hearing is requested by either party. In that case, the hearing shall take place in the county where you reside. To the extent this agreement to arbitrate conflicts with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness (the “Minimum Standards”), the Minimum Standards in that regard will apply.
Disputes may also be referred to another arbitration organization if you and MASHUP®️ agree in writing, or to an arbitrator appointed pursuant to Section 5 of the Federal Arbitration Act.
To start an arbitration proceeding, you must execute and serve a Demand for Arbitration on MASHUP®️ by mailing it to insert address pursuant to the JAMS instructions. MASHUP®️ will bear the cost of your initial filing fee.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
16. Additional Details
We may modify these Terms at any time, so be sure to check back regularly. By continuing to use or log in to MASHUP®️ On Demand 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 MASHUP®️ On Demand.
MASHUP®️ On Demand 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, MASHUP®️ On Demand 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 MASHUP®️ On Demand or send communications to us through MASHUP®️ On Demand or via e-mail, you are communicating with us electronically. Similarly, you consent to receive communications related to your use of MASHUP®️ On Demand 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 MASHUP®️ 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 MASHUP®️ Coach Connect. 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).
These Terms are governed by and construed in accordance with the laws of Texas, without regard to its conflict of laws rules. You expressly agree that the exclusive jurisdiction for any claim or dispute under these Terms and or your use of the Services resides in the courts located in Fort Worth, Texas, and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action. If it turns out that a particular provision in these Terms is not enforceable, that will not affect any other provision.
Last updated: June 19th, 2020