Welcome to ACTIVE Club (“The Service”), which is operated and owned by ACTIVE (“The Company”).
By enrolling for ACTIVE Club SMS service on our website, you are agreeing to ACTIVE a member of ACTIVE Club Service and acknowledging the following Terms of Use. Furthermore, you are providing consent to receive messages on your mobile phone. Please be aware that subscribing implies that you will receive recurring messages.
Changes to Terms of Use:
ACTIVE retains the right to amend the Terms of Use, and the latest version can be found by accessing the SMS Terms and Conditions.
Fees:
Participation in ACTIVE Club Service does not involve any charges. However, standard message and data rates might apply as per your wireless carrier’s policies. We Recommend checking with your wireless carrier to understand the text messaging fees that apply. Please note that ACTIVE will not assume responsibility for any fees levied by your wireless carrier for using ACTIVE Club service.
Privacy:
At ACTIVE, we place significant importance on safeguarding your privacy. We do not share any collected information. For a comprehensive overview of our Privacy Policy.
Usage Restrictions:
To enroll in and use ACTIVE Club service, you must be at least 17 years old. If you are below 17 years of age, please seek permission from your parents or legal guardians prior to registering for ACTIVE Club service.
Supported Carriers:
Please note that mobile carriers are not accountable for delayed or undelivered messages. Participating carriers encompass T-Mobile®, Verizon Wireless, AT&T, Sprint, Boost, U.S. Cellular®, MetroPCS, Virgin Mobile, and Cricket.
Assistance, Cancellation, or Unsubscribing:
Should you wish to discontinue ACTIVE Club service at any point, you can do so by texting STOP, QUIT, END, CANCEL, UNSUBSCRIBE, or STOP ALL to 36324. Standard message and data rates might apply. Alternatively, you can send an email to [email protected] with your mobile phone number as the subject. For aid or other support matters, you can also send an email to [email protected], text HELP to 36324 from your mobile phone, or call the toll-free phone number 877-806-0983.
Message Frequency:
Kindly note that messages are recurrent based on account activity.
Ownership; Trademarks; Alterations to Offers:
By utilizing ACTIVE Club services and any provided offers, you are agreeing that ACTIVE or its partners will retain all legal rights, titles, and interests, including intellectual property rights. You are prohibited from modifying any offers presented through ACTIVE Club service, and you must not eliminate, obscure, or alter any proprietary rights notifications (such as copyright or trademark notices) attached to ACTIVE Club services or offers. Unless explicitly authorized by a partner, you undertake not to utilize any Trademark, service mark, trade name, or logo (“Trademarks”) of any entity in a manner that could lead to confusion about Trademark ownership or harm the reputation of such Trademarks.
Termination:
ACTIVE reserves the right to end your subscription at any time without advance notice or future ACTIVE.
Disclaimer of Warranties:
ACTIVE Club service is offered “as is” and “as available,” and ACTIVE provides no warranties, whether express or implied, concerning the service. This includes, but is not restricted to, any implied warranties of merchantability, fitness for a specific purpose, and non-infringement. Factors beyond ACTIVE’s control, such as mobile carrier network speed and internet performance, might impact the service’s performance, and ACTIVE is not accountable for acts beyond its control.
Limitation of Liability:
Under no circumstances shall ACTIVE, its officers, directors, employees, or agents be liable to you for any form of damages arising from your utilization of ACTIVE Club service. This encompasses direct, indirect, incidental, consequential, exemplary, or special damages, even if forewarned of the possibility of such damages. If applicable law prohibits any disclaimer or limitation on damages or liability stated herein in a specific circumstance, ACTIVE is entitled to the maximum disclaimers and/or limitations on damages and liability permitted by such applicable law in that particular circumstance. Nevertheless, ACTIVE’s liability for damages arising under these Terms of Use or your use of ACTIVE Club service shall not exceed US $500.
Indemnity:
You agree to indemnify and hold each Company party harmless from any claim or demand, including associated damages, costs, or expenses, including reasonable attorney fees and costs, made by any other party due to or arising from your violation of this agreement or the documents it references, or your violation of any law or the rights of another party.
Governing Law; Venue:
This agreement and its validity, interpretation, and performance shall be governed by the laws of the state of Texas, without regard to its choice of law provisions. You unequivocally consent to accept the exclusive personal jurisdiction and waive any objections to the venue of such courts.