RUGGEDTRUCKER.FIT BY RUGGEDTRUCKER.COM TERMS OF USE AND SUBSCRIBER AGREEMENT
These Terms of Use and Subscriber Agreement (“Terms”) governs your use of digital products and services from RuggedTrucker.com and access to RuggedTrucker.com’s RuggedTrucker.Fit program (“RuggedTrucker.Fit”) unless other terms and conditions expressly govern.
IF YOU CHOOSE TO ENROLL IN A BODYFIT MEMBERSHIP, THE MEMBERSHIP, INCLUDING MEMBERSHIP FEES, WILL AUTOMATICALLY RENEW. PLEASE READ THESE TERMS CAREFULLY BEFORE COMPLETING A PURCHASE OF A BODYFIT AUTO-RENEWING MEMBERSHIP SERVICE. IF YOU ENROLL IN TRUCKERFIT, YOU MUST EXPRESSLY ACCEPT THESE TERMS, CONDITIONS, LIMITATIONS, AND REQUIREMENTS, INCLUDING THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED BELOW TO RESOLVE ANY DISPUTES WITH RUGGEDTRUCKER.COM RELATED TO TRUCKERFIT OR YOUR PAID MEMBERSHIP.
The following terms and conditions (“Terms”) apply to your participation in the TruckerFit program. These Terms are between you and RuggedTrucker.com and its affiliates (“RuggedTrucker.com” or “us”) and govern our respective rights and obligations.
Please note that your use of the RuggedTrucker.com website and mobile applications and membership in the RuggedTrucker.Fit program are also governed by other terms and conditions, including your Consent Agreement with RuggedTrucker.com for stored payment credentials (which can be found in the “My Account” section of our website), RuggedTrucker.com’s Terms of Use and Privacy Policy, as well as any other applicable terms, conditions, limitations, promotional offers, and requirements on the RuggedTrucker.com website or mobile applications, all of which (as changed over time) are incorporated into these Terms and constitute the entire agreement between you and RuggedTrucker.com related to your RuggedTrucker.Fit program membership.
1.0 CHANGES TO THE TERMS
We may, in our sole discretion, change these Terms or any aspect of the RuggedTrucker.Fit program at any time and for any reason, including any provision that is found invalid, void, or unenforceable. When we make material changes to these Terms, we’ll provide you with notice as appropriate under the circumstances, for example, by displaying a prominent notice within the service or by sending you an e-mail. Changes to Paid Membership price changes will be communicated to you via email in accordance with the section titled “Price Changes.” Please make sure you read any notice carefully. YOUR CONTINUED MEMBERSHIP AFTER WE CHANGE THESE TERMS CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES, YOU MUST CANCEL YOUR MEMBERSHIP. IF YOU RECEIVED A TRIAL OR PAID MEMBERSHIP THROUGH A THIRD PARTY, SUCH AS THE APP STORE OR GOOGLE PLAY STORE, YOU MUST CANCEL YOUR MEMBERSHIP THROUGH SUCH THIRD PARTY.
2.0 MEMBERSHIP OPTIONS
You can always find a description of our membership options on our website, and we will explain what membership options are available to you when you create a RuggedTrucker.com and/or RuggedTrucker.Fit account.
Certain Fleet Memberships are provided free-of-charge, which are referred to in these Terms as the “Free Membership.” Other RuggedTrucker.fit memberships require payment before you can access them, and are referred to in these Terms as the “Paid Memberships.” We may also offer special promotional plans, memberships, or services, including offering third-party products and services in conjunction with or through the RuggedTrucker.Fit program. We are not responsible for the products and services provided by third parties (i.e., any party that is not RuggedTrucker.com). We reserve the right to modify, terminate, or otherwise amend our offered membership plans and promotional offerings at any time in accordance with these Terms.
2.1 Paid Membership Options.
RuggedTrucker.com offers the following Paid Membership options and corresponding Paid Membership benefits:
| RuggedTrucker.Fit Monthly | TruckerFit Annual | |
| Paid Membership Fee | $10.00 USD billed one time | $10.00 USD billed annually |
| Access to many + premium workout articles | ✔ | ✔ |
| Access to RuggedTrucker.fit exercise database containing 100 + instructional videos | ✔ | ✔ |
| Access to many premium workout plans | ✔ | ✔ |
| Access to RuggedTrucker.fit world-class workout app | ✔ | ✔ |
| Discount for Rugged Trucker Bands… see section 2.3 for details | 20% | 20% |
| Flat rate domestic shipping in contiguous United States see section 2.3 for details | ✔ | ✔ |
| Free RuggedTrucker.com’s Database of fun and entertainment for anyone 18+ | ✔ | ✔ |
The Paid Membership fees above exclude any offers, promotions, taxes/fees, or “grandfathered” subscriptions (i.e., subscriptions which existed prior to certain price increases).
We may offer a number of different membership plans, including special promotional plans or membership models. Some membership plans may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your RuggedTrucker.Fit Membership by visiting “My Account” on our website RuggedTrucker.com
The monthly, annual, and any promotional membership fees will be referred to in these terms, collectively, as the “membership fee(s).”RuggedTrucker.com reserves the right to charge and process any membership fees in US dollars. RuggedTrucker.com may offer different membership terms to different clients, and the fees for membership may vary. Additionally, prices may vary based on exchange rates and your financial institution. RuggedTrucker.com does not charge currency exchange fees, however, your financial institution may. Please consult with your financial institution for more information. The RuggedTruckerTrucker.Fit membership fee is non-refundable except as expressly set forth below. Taxes may apply to the membership fee. At the time of your membership renewal, we may increase the membership fee in our sole discretion but with prior notice to you. If you do not want to accept the increased membership fee, you may cancel the renewal of your RuggedTrucker.Fit Membership.
The RuggedTrucker.Fit Memberships are sold to you by RuggedTrucker.com.
2.2 In-App Purchase of Memberships.
If you purchase your Paid Membership through a RuggedTrucker.com mobile application in either the Google Play Store or Apple App Store, in addition to these Terms, your Paid Membership will be governed by the applicable store’s subscription terms. All in-app Paid Memberships will automatically renew until you choose to cancel them. In-app Paid Memberships cannot be managed via your RuggedTrucker.com RuggedTrucker.Fit account. All in-app Paid Memberships can be managed via your Google and/or Apple account settings.
2.3 Rugged Trucker Bands Discount & Free Shipping Benefits.
All RuggedTrucker.Fit members will be rewarded with ten-percent (10%) off all additional orders, before taxes and shipping fees, in RuggedTrucker.com’s online store. Additionally, all RuggedTrucker.Fit members receive free domestic economy shipping on all orders, excluding shipments to Alaska, Hawaii, Puerto Rico, P.O. Boxes, and/or APO/FPO addresses, and any drop ship products. For RuggedTrucker.Fit monthly membership plan enrollees who elect to upgrade to the annual membership plan, membership benefits will be modified at the subsequent renewal date.
These benefits may be stacked with applicable discount/coupon codes. We may, in our sole discretion, change and/or eliminate these membership benefits for any reason, including to prevent abuse or in connection with large bulk orders. For combinations with other offers, restrictions may apply. If you choose to cancel your participation in RuggedTrucker.Fit, your membership benefits will immediately end after expiration of the applicable Paid Membership period.
3.0 FREE TRIALS (NOT CURRENTLY AVAILABLE)
RuggedTrucker.com offers a free seven-day trial (“Free Trial”) to the TruckerFit program, which entitles you to access RuggedTrucker.com’s TruckerFit service for a period of seven (7) days from the moment that you activate such trial period by submitting your payment details (“Free Trial Period”). By submitting your payment details, you (a) consent to RuggedTrucker.com using your payment details in accordance with our Privacy Policy and credit card consent agreement and (b) acknowledge and agree to these Terms. AFTER THE FREE TRIAL PERIOD EXPIRES, YOUR ACCOUNT WILL AUTOMATICALLY ROLL OVER TO EITHER: (1) A MONTHLY PAID MEMBERSHIP WITH TRUCKERFIT, OR (2) AN ANNUAL PAID MEMBERSHIP WITH TRUCKERFIT, depending on which Paid Membership model you choose at the point of signing up for a Free Trial. To view the applicable membership price and end date of your Free Trial Period, visit the “My Account” section on our website at RuggedTrucker.com.
YOU MUST CANCEL YOUR FREE TRIAL MEMBERSHIP PRIOR TO THE EXPIRATION OF THE FREE TRIAL PERIOD TO AVOID BEING CHARGED AUTOMATICALLY FOR A FULL PAID MEMBERSHIP WHICH WILL THEN BE SUBJECT TO AUTO-RENEWAL. You will receive an email from RuggedTrucker.com (sent to the email address we have on file) prior to the end of the Free Trial with either the annual, or monthly membership fees due; the frequency of future payments; the truncated payment method to be charged; and applicable cancellation and refund policies.
Customers are only entitled to one (1) Free Trial per RuggedTrucker.Fit program subscription in any twelve (12) month period. RuggedTrucker.com reserves the right, in its sole discretion, to withdraw or to modify this Free Trial offer at any time without prior notice and with no liability.
4.0 BILLING AND CANCELLATION
4.1. Billing Cycle. The membership fee for the RuggedTrucker.Fit Paid Membership you enroll in and any other charges you may incur in connection with your use of the RuggedTrucker.Fit program, such as taxes and possible transaction fees, will be charged to your Payment Method (defined below) on the specific billing date indicated on your “My Account” page. The length of your billing cycle will depend on the type of subscription that you choose when you sign up for the program. RuggedTrucker.com offers the following payment cadences for its Paid Memberships (options vary by membership type):
| Membership Term | Payment Cadence |
|---|---|
| Monthly | Membership fee is auto-renewed and billed every thirty (30) days at the then-applicable monthly membership fee. (No longer offer monthly) |
| Annual | Membership fee is auto-renewed and billed every 365 days at the then-applicable annual membership fee. |
Membership fees are fully earned upon payment. In some cases, your payment date may change, for example if your Payment Method has not successfully settled or if your paid membership began on a day not contained in a given month. Visit your “My Account” page to see your next payment date and membership fee.
4.2. Payment Methods. To utilize the TruckerFit platform and services, you must provide one or more Payment Methods. “Payment Method” means a current, valid, accepted method of payment (such as a credit or debit card), as may be updated from time to time and which may include payment through your account with a third party. You can update your Payment Methods by going to your “My Account” page. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s). You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your Paid Membership, we may suspend your access to the RuggedTrucker.Fit platform and services until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details.
4.3. Updating Payment Methods. You can update your Payment Method(s) by going to the “My Account” page. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s).
4.4. Cancellation. If you wish to cancel your participation in the RuggedTrucker.Fit Paid Membership program, you may cancel at any time before your Paid Membership renewal date by visiting your “My Account” page and following the instructions for cancellation. If your membership was purchased through a RuggedTrucker.com mobile application in either the Apple App Store or the Google Play Store, please refer to the applicable store’s terms for Paid Membership management and cancellation or adjust your membership preferences in your Google and/or Apple account settings you used to initially purchase the Paid Membership. If you cancel, you will not be charged on your renewal date but your membership will continue until your renewal date. YOU MUST AFFIRMATIVELY CANCEL YOUR PAID MEMBERSHIP BY THE RENEWAL DATE OR YOUR MEMBERSHIP WILL AUTOMATICALLY RENEW AND THE APPLICABLE PAYMENT METHOD YOU PROVIDED TO US AT THE TIME OF YOUR INITIAL PURCHASE AND ENROLLMENT IN OUR PROGRAM WILL BE CHARGED.
4.5. Price Changes. When you purchase a Paid Membership, you will initially be charged at the rate applicable at the time of your agreement to subscribe. If the price of the Paid Membership increases later, RuggedTrucker.com will notify you via the email address with which you enrolled in the RuggedTrucker.Fit program. The increase will apply to the next payment due from you after the notice, provided that you have been given at least thirty (30) days’ prior notice before the charge is made. If you are given less than thirty (30) days’ prior notice, the price increase will not apply until the first payment date following expiration of the thirty (30) day period after your receipt of the price increase notification.
4.6. Non-Refundable Fee. The membership fees are pre-paid in full on a monthly, or annual basis and are non-refundable once paid. There is no pro-rata refund if the membership is cancelled prior to the end of the term except if offered in our sole discretion. If you are located in the UK/EU, by purchasing a RuggedTrucker.fit Paid Membership, you expressly waive your right to cancel your membership within the fourteen (14) day right-to-cancel under the Consumer Rights Directive and similar country-specific regulations, such as the UK Consumer Rights Act.
5.0 TERMINATION BY RUGGEDTRUCKER.COM
We may terminate or suspend your RuggedTrucker.Fit membership in our sole discretion for any reason without notice. We will not give a refund for termination related to conduct that we determine, in our discretion, violates these Terms or any applicable law, involves fraud or misuse of the RuggedTrucker.fit program, or is harmful to our interests or to another user. Our failure to insist upon or enforce strict compliance with these Terms will not constitute a waiver of any of our rights.
6.0 CONSENT TO RECEIVE COMMUNICATIONS
By submitting an application for membership to the RuggedTrucker.Fit program, you agree (or, if you are a minor, your parent or legal guardian must agree) to receive advertising, marketing materials, and other communications from RuggedTrucker.com at the e-mail address with which you created your RuggedTrucker.Fit account. By signing up to join the RuggedTrucker.Fit program, you will automatically be subscribed to receive RuggedTrucker.Fit program emails. You may unsubscribe from receiving marketing emails at any time by clicking the “unsubscribe” link contained in the email footer or by contacting our Customer Service department. by e-mailing HitMeUp@RuggedTrucker.com
7.0 DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE TRUCKERFIT PROGRAM AND ALL CONTENT AND SOFTWARE ASSOCIATED WITH IT, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE BODYFIT PROGRAM, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. RUGGEDTRUCKER.COM DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE TRUCKERFIT PROGRAM OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
IN ADDITION TO OTHER LIMITATIONS AND EXCLUSIONS IN BODYBUILDING.COM’S TERMS OF USE AND CONDITIONS OF SALE, YOU AGREE THAT NEITHER WE NOR OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARENT COMPANY, SUBSIDIARIES, JOINT VENTURERS, THIRD-PARTY SERVICE PROVIDERS, OR OTHER REPRESENTATIVES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR RELATED TO THE RUGGED TRUCKER BANDS PROGRAM OR YOUR PAID MEMBERSHIP. OUR TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, WILL NOT EXCEED THE AMOUNT OF THE LAST MEMBERSHIP FEE YOU PAID. THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF YOUR PAID OR FREE MEMBERSHIP. CERTAIN STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
8.0 DISPUTE RESOLUTION
If a dispute should arise between you and RuggedTrucker.com, we want to provide you with a resolution that is efficient and cost effective by using our customer service team. Almost all disputes can be resolved to the customer’s satisfaction by using our customer service, reachable by calling 1-866-236-8417 or by sending an email to HitMeUp@RuggedTrucker.com.
If your dispute cannot be resolved using our customer service team, these Terms describe how we will proceed with the resolution of the dispute.
THE FOLLOWING PROVISIONS RELATE TO DISPUTES, CLAIMS, AND CLASS ACTIONS. IT IS IMPORTANT THAT YOU READ THESE PROVISIONS CAREFULLY BEFORE ACCEPTING THESE TERMS AND CONDITIONS.
8.1 Binding Arbitration
ANY CLAIM OR DISPUTE RELATING IN ANY WAY TO YOUR USE OF THE RUGGEDTRUCKER.COM TRUCKERFIT PROGRAM OR THESE TERMS SHALL BE SUBMITTED TO CONFIDENTIAL BINDING ARBITRATION. ARBITRATION REMOVES YOUR RIGHT TO LITIGATE A CLAIM IN COURT OR TO HAVE A JURY TRIAL ON THAT CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. IT IS IMPORTANT THAT YOU READ THIS PROVISION CAREFULLY BEFORE ACCEPTING THESE TERMS. The arbitration will be administered by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”) under its then-current arbitration rules. If any JAMS rule conflicts with these Terms, these Terms shall control. You can obtain procedures, rules, and fee information from the JAMS at www.jamsadr.com. Any participatory arbitration hearing that you attend shall take place in Miami Beach, Florida and Delaware law will apply during the arbitration. The judgment upon the award rendered by the arbitrator shall be final and binding and may be entered in any court of competent jurisdiction. Unless inconsistent with applicable law, each party shall bear the expense of their respective attorneys’, experts’ and witness fees, regardless of which party prevails in the arbitration.
8.2 No Class Actions
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CONSOLIDATED OR CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING. YOU UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST RUGGEDTRUCKER.COM IN AN INDIVIDUAL CAPACITY IN ACCORDANCE WITH THIS SECTION 8.0 AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
Terms Last Updated: October 19, 2023