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Sovitaa's Terms of Use

These Terms of Use (“Terms”) are a contract between you and Sovitaa (“Sovitaa” or “we”) and govern your access to and use of any Sovitaa website, mobile application (such as for iPhone or Android) or content (the “Site”) or any fitness, recreational, wellness, or other features, experiences, activities, events, services, recordings, and/or products made available through Sovitaa (collectively, “features”). Please read these Terms carefully before accessing and/or using the Site and/or Features.

  1. Terms of Use
    1. Acceptance of Terms. By accessing and/or using the Site and/or Features, or clicking any button to indicate your consent, you accept and agree to be bound by these Terms, just as if you had agreed to these Terms in writing. If you do not agree to these Terms, do not use the Site or any Features.
    2. Amendment of Terms. Sovitaa may amend the Terms from time to time. Unless we provide a delayed effective date, all amendments will be effective upon posting of such updated Terms. Your continued access to or use of the Site or Features after such posting constitutes your consent to be bound by the Terms, as amended.
    3. Additional Terms. In addition to these Terms, certain plans, offers, products, services, elements or features may also be subject to additional terms, conditions guidelines or rules which may be posted, communicated or modified by us or applicable third parties at any time. Your use of any such plan, offer, product, service, element or feature is subject to those additional terms and conditions, which are hereby incorporated by reference into the Terms, provided that in the event of any conflict between such additional terms and the Terms, the Terms shall control. The Sovitaa Privacy Policy is hereby incorporated by reference.
  2. Sovitaa Platform
    1. Acceptance of Terms. By accessing and/or using the Site and/or Features, or clicking any button to indicate your consent, you accept and agree to be bound by these Terms, just as if you had agreed to these Terms in writing. If you do not agree to these Terms, do not use the Site or any Features.
    2. Amendment of Terms. Sovitaa may amend the Terms from time to time. Unless we provide a delayed effective date, all amendments will be effective upon posting of such updated Terms. Your continued access to or use of the Site or Features after such posting constitutes your consent to be bound by the Terms, as amended.
    3. Additional Terms. In addition to these Terms, certain plans, offers, products, services, elements or features may also be subject to additional terms, conditions guidelines or rules which may be posted, communicated or modified by us or applicable third parties at any time. Your use of any such plan, offer, product, service, element or feature is subject to those additional terms and conditions, which are hereby incorporated by reference into the Terms, provided that in the event of any conflict between such additional terms and the Terms, the Terms shall control. The Sovitaa Privacy Policy is hereby incorporated by reference.
  3. Cancellation
    1. Sovitaa Platform. The Sovitaa platform enables consumers to reserve, schedule, access and attend a wide range of fitness, recreational and wellness Features offered and operated by fitness studios, gyms, trainers, venues, nutritionists, supplement providers or other third parties (collectively, “Venues”). Sovitaa itself is not a gymnasium, place of amusement or recreation, health club, facility, fitness studio, store or similar establishment and does not own, operate or control any of the Features that are offered at or through such facilities.
    2. Membership Options. Sovitaa is a free service that is offered to the user. We offer/showcase different features, services and products which are subject to additional and differing conditions, prices, policies and limitations. We reserve the right to modify, terminate or otherwise amend our offered options at any time in our discretion.
    3. Booking Availability. There is no limit to the number of features you can book. The confirmation of your booking will depend on a variety of factors, including but not limited to Venue schedule, available slots, the number of times you’ve cancelled, and other characteristics.
    4. Sovitaa does not guarantee the availability of particular Venues, locations, Features, services, experiences, content, inventory, spots or other features, and availability may change over time and at any time.
    5. Digital Features. Sovitaa may allow you to access to a variety of audio or video Features from your computer or mobile device, via live stream and/or on demand. To access these digital Features, you need to comply with certain technical and hardware requirements. Additionally, your profile information may appear on our Site and be viewable by other Sovitaa users. If you do not want your profile picture or username to be seen by other Sovitaa users, don’t include any identifying information in your profile, or go to your settings to change it.
    6. Sovitaa Account. Your Sovitaa account is personal to you and you agree not to create more than one account. You cannot transfer or allow third parties to use your Sovitaa account, including other Sovitaa users. You must not use or exploit the Site and/or Features for commercial purposes. We continually update and test various aspects of the Sovitaa platform. We reserve the right to, and by using the Site and/or Features you agree that we may, include you in or exclude you from these tests without notice. You understand and agree that Sovitaa may take actions we deem reasonably necessary to prevent fraud and abuse.
    7. You agree that the information you provide to Sovitaa at sign up and at all other times will be true, accurate, current, and complete and that you will keep this information accurate and up-to-date at all times. When you sign up, you will be asked to create a password. You are solely responsible for all activity that occurs under your account, including any activity by unauthorized users. To use the Site you must have access to the Internet and may be required to download a Sovitaa mobile application to use some or all of Sovitaa features. You are solely responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the Site and Features.
    8. Eligibility. The availability of all or part of our Site and/or Features may be limited based on geographic, age, or other criteria as we may establish from time to time. You understand and agree we may disallow you from subscribing to Sovitaa or may terminate your user account at any time based on these criteria. For example, you must be 21 years of age or older to use the Site and/or Features and/or purchase a Sovitaa subscription. You further understand that the Site and/or Features may not be available in every geography.
    9. Communications. By providing your information or creating an account, you agree that Sovitaa may contact you by email, direct mail, telephone or text messages at any of the addresses or phone numbers, as applicable, provided by you or on your behalf in connection with a Sovitaa account, including for marketing purposes. You may opt-out of marketing emails via the provided unsubscribe link or otherwise opt-out by contacting us at any time.
  4. Fees
    1. Fees. All charges are payable to the Venues directly. Sovitaa does not control the prices, however we can from time to time negotiate a better rate for our subscribers. You are eligible to pay cancellation fees to the venues, if you do not cancel a feature you had reserved with appropriate notice or do not attend your scheduled Class.
    2. Reservation and Cancellation of Features. As a Sovitaa user, you must reserve and cancel your Features through the Site. If you reserve or cancel directly with the Venue and they must update the record on our systems. No shows can lead to suspension or termination of your account.
    3. Third Party Fees for Using Sovitaa. You are also responsible for all third-party charges and fees associated with connecting to and using the Site and/or Features, including fees such as internet service provider fees, telephone and computer equipment charges, sales tax and any other fees necessary to access the Site and/or Features.
  5. Promotions
    1. Refer a Friend. From time to time we may make available certain incentives for Sovitaa users to refer a friend to use Sovitaa.
    2. Other Promotions. Sovitaa may offer additional types of offers and promotions which will be subject to additional terms and conditions that Sovitaa may provide.
  6. Termination or Modification by Sovitaa

    You understand and agree that, at any time and without prior notice Sovitaa may (1) terminate, cancel, deactivate, disable, delete and/or suspend your account (2) discontinue, disable, suspend, modify or alter any aspect, feature or policy of the Site. Upon any termination or otherwise, we may immediately deactivate your account and all related information and/or bar any further access to your account information and the Site. Sovitaa shall have no liability for, and you shall have no recourse for, any such termination or deactivation, If we determine that you have violated these Terms or otherwise engaged in illegal or improper use of your account. You agree that Sovitaa will not be liable to you or any third party for any termination or modification to the service regardless of the reason for such termination or modification. You acknowledge that your only right with respect to any dissatisfaction with any modification or discontinuation of service made by us is to terminate your account with us. If Sovitaa deletes your account for these reasons, you may not re-register for or use the Site and/or Features under any other user name, email, payment method or profile. Sovitaa may block your access to the Site to prevent re-registration.

  7. Privacy

    Your privacy is important to Sovitaa. The Sovitaa Privacy Policy is hereby incorporated into these Terms by reference. Please read the privacy policy carefully for information relating to Sovitaa’ collection, use, and disclosure of your personal information. When you make a reservation, the applicable Venue partner will have access to certain information about you, such as your name and email address, so it can provide services to you and communicate with you regarding the class you reserved. Please see the Privacy Policy for more information

  8. Prohibited Conduct

    Without limiting the prohibitions and restrictions found elsewhere throughout the Terms, you agree not to:

    1. Harass, threaten, stalk, disrupt or defraud users, members or staff of Sovitaa or Venues or any other person, or otherwise create or contribute to an unsafe, harassing, threatening or disruptive environment;
    2. Act in a deceptive or fraudulent manner by, among other things, impersonating another person or access another user’s account or signing up for more than one account;
    3. Share Sovitaa passwords with any third party or encourage any other user to do so;
    4. Misrepresent the source, identity, or content of information transmitted via the Site, including deleting the copyright or other proprietary rights or notices from any portion of the Site;
    5. Upload material (e.g. virus) that is damaging to computer systems or data of Sovitaa or users of the Site or otherwise use the Site in any manner that could damage, disable, overburden, or impair it or interfere with any other party’s use and enjoyment of the Site;
    6. Upload copyrighted material that is not your own or that you do not have the legal right to distribute, display, and otherwise make available to others;
    7. Upload or send to Site users pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libelous, or otherwise inappropriate content;
    8. Link to, mirror or frame any portion of the Site;
    9. Cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Site or unduly burdening or hindering the operation and/or functionality of any aspect of the Site;
    10. Attempt to gain unauthorized access to or impair any aspect of the Site or its related systems or networks or interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site;
    11. Make unsolicited offers, advertisements, proposals, or send junk mail or “spam” to users;
    12. Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Site, any features that prevent or restrict use or copying of any content accessible through the Site, or any features that enforce limitations on the use of the Site or the content therein;
    13. Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site;
    14. Modify the Site in any manner or form, nor to use modified versions of the Site, including (without limitation) for the purpose of obtaining unauthorized access to the Site;
    15. Use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site;
    16. Use the Site for or in connection with any purpose that is unlawful or prohibited by these Terms.
  9. User Submissions
    1. General. The Site provides certain features which enable you and other users to submit, post, and share content, which may include without limitation text, graphic and pictorial works, or any other content submitted by you and other users through the Site (“User Submissions”). Sovitaa does not guarantee any anonymity or confidentiality with respect to any User Submissions, and strongly recommends that you think carefully about what you upload to, share with or make accessible to the Site. You understand and agree that User Submissions may be made public without any additional notice to or consent by you and you should assume that any person (whether or not a user of Sovitaa’ platform), including any Venue, may read or have access to your User Submissions. Insofar as there is any personal information included in the User Submissions, you consent to such personal information being collected, used and/or disclosed by Sovitaa in accordance with the Privacy Policy (the link to the Privacy Policy may be found in paragraph 6 above). Sovitaa is not responsible for the use or disclosure by any third party of any information that you disclose in connection with User Submissions that are made public, including any personal information. User Submissions are displayed for information purposes only and reflect the opinions of the person making the submission. They are not controlled by, and may not reflect the opinion of, Sovitaa. You understand that all User Submissions are the sole responsibility of the person from whom such User Submission originated. This means that you, and not Sovitaa, are entirely responsible for all User Submissions that you upload, post, email, transmit, or otherwise make available through the Site.
    2. License Grant by You to Sovitaa. You retain all your ownership rights in original aspects of your User Submissions. By submitting User Submissions to Sovitaa, you hereby grant Sovitaa and its affiliates, sublicensees, partners, designees, and assignees of the Site (collectively, the “Sovitaa Licensees”) a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce (including by making mechanical reproductions), distribute, modify, adapt, translate, prepare derivative works of, publicly display, publish, publicly perform, and otherwise exploit your User Submissions and derivatives thereof in connection with the Site and Sovitaa’s (and its successors’) business, for any purpose, including, without limitation, for marketing, promoting, and redistributing part or all of the Site (and derivative works thereof), in any media formats and through any media channels now known or hereafter discovered or developed.
    3. User Submissions Representations and Warranties. You are solely responsible for your own User Submissions and the consequences of posting, sharing, displaying, publishing them or otherwise making them available. In connection with User Submissions, you affirm, represent, and warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize Sovitaa to use all patent, trademark, copyright, or other proprietary rights in and to your User Submissions to enable inclusion and use of your User Submissions in the manner contemplated by Sovitaa and these Terms, and to grant the rights and license set forth above, and (ii) your User Submissions, Sovitaa’ or any Sovitaa Licensee’s use of such User Submissions pursuant to these Terms, and Sovitaa’ or any of Sovitaa Licensee’s exercise of the license rights set forth above, do not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) contain any material that is illegal, threatening, obscene, racist, defamatory, libelous, hateful, pornographic, purposely false or otherwise injurious to third parties, promotional in nature, promotes any illegal activity or harm to groups or individuals, or consists of or contain software, computer viruses, commercial solicitation, political campaigning, chain letters, mass mailings, any form of “spam” or references to illegal activity, malpractice or false advertising; (c) violate any applicable law or regulation or these Terms or; (d) exploits minors; or (e) require obtaining a license from or paying fees or royalties to you or any third party for the exercise of any rights granted in these Terms, including, by way of example and not limitation, the payment of any royalties to any copyright owners, including any royalties to any agency, collection society, or other entity that administers such rights on behalf of others.
    4. Inaccurate or Offensive User Submissions. You understand that when using the Site, you may be exposed to User Submissions from a variety of sources and that Sovitaa does not endorse and is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST SOVITAA WITH RESPECT THERETO.
    5. Feedback. If you provide Sovitaa with any comments, bug reports, feedback, or modifications proposed or suggested by you to the Site (“Feedback”), Sovitaa shall have the right to use such Feedback at its discretion, including, but not limited to the incorporation of such suggested changes into the Site. You hereby grant Sovitaa a perpetual, irrevocable, non-exclusive license under all rights necessary to incorporate and use your Feedback for any purpose without notice to, consent by or compensation to you or any third party.
    6. Infringing or Illegal Activity. In the event of infringing or other illegal activities, we have no obligation to, but reserve the right to terminate access to the Site and remove all content submitted by any persons who are found to be infringers. Any suspected illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Sovitaa may have at law or in equity.
    7. Ratings. You may be required to rate your Features and/or other Sovitaa experiences that you reserve.
  10. Ownership; Proprietary Rights; Content.
    1. The Sovitaa website and mobile applications are owned and operated by Sovitaa. Except for your User Submissions, all Content contained on the Site are the copyrighted property of Sovitaa or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Sovitaa or its affiliates and/or third-party licensors whether registered or unregistered and may not be used in connection with any product or service or in any manner that is likely to cause confusion as to our endorsement, affiliation or sponsorship of any person, product or service. Except as expressly authorized by Sovitaa, you agree not to sell, license, distribute, copy, modify, download, record, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Content and may only access the Content for your personal, non-commercial use. In the event that Content are downloaded to your computer or mobile phone, you do not obtain any ownership interest in such Content. All rights not expressly granted in these Terms are reserved.
    2. By installing, copying, or otherwise using the Site or its software, you acknowledge that you have read and understood these Terms, and agree to be bound by its terms and conditions. If you do not agree to (or cannot comply with) the terms and conditions of this Agreement, do not install, copy, or use the Site or Content.
    3. You understand and agree the Content may be owned by Sovitaa or by third parties. However, in all circumstances, you understand and acknowledge that your rights with respect to Content will be limited by copyright law. All owners and providers of Content expressly reserve their rights in and to such Content and you are not permitted to infringe the rights of the copyright owner(s) of the Content, including but not limited to any sound recordings or musical compositions.
    4. Sovitaa and/or the owners of the Content may, from time to time, remove Content from the Site without notice.
    5. The Site, including all software, Content and other information, materials and products included on or otherwise made available to you through the Service are provided “as-is” and “as available” without warranties of any kind from Sovitaa or any owners of Content. To the full extent permissible by applicable law, Sovitaa and all owners of Content disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Neither Sovitaa nor any owner of Content warrants that the Site or any software, Content, information, materials or products included on or otherwise made available to you through the Site are free of viruses or other harmful components.
    6. Neither Sovitaa nor any owner of content will be liable for any incidental, punitive, special or consequential damages of any kind arising from the use of the site or from software, content, information, materials or products included on or otherwise made available to you through the site, or for any damages in excess of the amount paid for the specific item of content giving rise to the applicable claim for damages.
  11. Third-party Sites, Products and Services; Links.

    The Site may include links or access to other web sites or services (“Linked Sites”) solely as a convenience to users. Sovitaa does not pre-screen, monitor or endorse any such Linked Sites, or the information, material, products, or services contained on other linked sites or accessible through other Linked Sites. Furthermore, Sovitaa makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through linked sites. ACCESS AND USE OF LINKED SITES, INCLUDING THE INFORMATION, MATERIAL, CONTENT, PRODUCTS, AND SERVICES ON LINKED SITES OR AVAILABLE THROUGH LINKED SITES, IS SOLELY AT YOUR OWN RISK.

    Sometimes promotional plans are offered in conjunction with the provision of third party products and services. We are not responsible for the products and services provided by such third parties, and use of such products and services is at your own risk.

    Your correspondence or business dealings with, or participation in promotions of, third parties found on or through the Site are solely between you and such third party. YOU AGREE THAT SOVITAA WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH THIRD PARTIES ON THE SITE.

  12. Electronic Signatures and Agreements

    You acknowledge and agree that by clicking on the button labeled “CONFIRM PURCHASE,” “SUBMIT”, “DOWNLOAD”, “PLACE MY ORDER”, “I ACCEPT” or such similar links as may be designated by Sovitaa to accept the terms and conditions of these Terms, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by these Terms. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SITE OR SERVICES OFFERED BY SOVITAA. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.

  13. General Disclaimers; No Warranties.

    FEATURES AND OTHER NON-SOVITAA PRODUCTS AND SERVICES MADE AVAILABLE VIA THE SITE ARE PROVIDED BY THIRD PARTIES (AND THE DESCRIPTIONS OF THE FOREGOING POSTED ON THE SITE ARE PROVIDED BY SUCH THIRD PARTIES), NOT SOVITAA. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, YOUR USE OF THE SITE AND YOUR ATTENDANCE AT, PARTICIPATION IN, PURCHASE AND/OR USE OF THE FEATURES, IS SOLELY AT YOUR OWN RISK. WE DO NOT ASSUME ANY LIABILITY OR MAKE ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ARISING OUT OF, IN CONNECTION WITH OR WITH RESPECT TO THE SITE AND/OR FEATURES.

    IN NO EVENT SHALL SOVITAA BE LIABLE FOR ANY ACT, ERROR OR OMISSION BY ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY WHICH ARISES OUT OF OR IS ANY WAY CONNECTED WITH A USER’S ATTENDANCE, USE OF OR PARTICIPATION IN A CLASS OR PRODUCT, OR THE PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY. SOVITAA IS NOT AN AGENT OF ANY THIRD-PARTY.

    ALL ASPECTS OF OR CONTENT OR FEATURES AVAILABLE THROUGH THE SITE AND/OR FEATURES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SOVITAA, ON BEHALF OF ITSELF AND ITS SUPPLIERS AND PARTNERS, DISCLAIMS AND EXCLUDES ALL WARRANTIES, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.

  14. Waiver and Release.

    YOU UNDERSTAND THAT SOVITAA IS NOT A GYMNASIUM, PLACE OF AMUSEMENT OR RECREATION, HEALTH CLUB, FACILITY, FITNESS STUDIO OR SIMILAR ESTABLISHMENT AND THE FEATURES THEY PROVIDE ARE OPERATED AND DELIVERED BY THE APPLICABLE VENUE AND NOT BY SOVITAA. SOVITAA IS NOT RESPONSIBLE FOR THE QUALITY OF ANY CLASS PROVIDED BY A VENUE OR THIRD PARTY (INCLUDING BUT NOT LIMITED TO THE FACILITY, INSTRUCTOR OR CURRICULUM). YOU ARE SOLELY RESPONSIBLE FOR DETERMINING WHETHER THE CLASS OR RECOMMENDATIONS AVAILABLE ON OR THROUGH THE SITE AND/OR FEATURES ARE RIGHT FOR YOU.

    YOU UNDERSTAND THAT THERE ARE CERTAIN INHERENT RISKS AND DANGERS IN EXERCISING AND THAT THE FEATURES YOU MAY ATTEND OR PARTICIPATE IN OFFER A RANGE OF ACTIVITY AND INTENSITY LEVELS. BY USING SOVITAA (INCLUDING BUT NOT LIMITED TO ATTENDING, PARTICIPATING IN OR USING A FACILITY), YOU ACKNOWLEDGE AND AGREE, ON BEHALF OF YOURSELF, YOUR HEIRS, PERSONAL REPRESENTATIVES AND/OR ASSIGNS THAT YOU ARE AWARE OF THESE RISKS WHICH INCLUDE, BUT ARE NOT LIMITED TO, PROPERTY DAMAGE, ILLNESS, LOSS AND BODILY INJURY OR DEATH. YOU ACKNOWLEDGE THAT SOME OF THESE RISKS CANNOT BE ELIMINATED AND YOU SPECIFICALLY ASSUME THE RISK OF INJURY OR HARM.

    YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR RESPONSIBILITY TO CONSULT WITH YOUR PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL PRIOR TO USING SOVITAA (INCLUDING BUT NOT LIMITED TO ATTENDING, PARTICIPATING IN OR USING A CLASS) AND TO DETERMINE IF AND HOW PARTICIPATING IS APPROPRIATE FOR YOU. DO NOT USE FEATURES IF YOUR PHYSICIAN OR HEALTH CARE PROVIDER ADVISES AGAINST IT. IF YOU EXPERIENCE FAINTNESS, DIZZINESS, PAIN OR SHORTNESS OF BREATH AT ANY TIME WHILE EXERCISING, YOU SHOULD STOP IMMEDIATELY.

    YOU ALSO UNDERSTAND AND AGREE THAT THE SITE OFFERS FITNESS AND RELATED INFORMATION THAT IS DESIGNED FOR INFORMATIONAL, EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY. NOTHING STATED OR POSTED ON OR OTHERWISE AVAILABLE THROUGH ANY ASPECT OF THE SITE AND/OR A CLASS IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL, PROFESSIONAL OR COUNSELING CARE. YOU SHOULD NOT RELY ON ANY INFORMATION ON OR THROUGH THE SITE AND/OR A CLASS AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH OR FITNESS LEVEL, YOU SHOULD ALWAYS CONSULT A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT EVER DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ OR HEARD ON OR THROUGH THE SITE AND/OR A CLASS. THE USE OF ANY OF THE CONTENT, RECOMMENDATIONS AND INFORMATION PROVIDED ON OR THROUGH SOVITAA IS SOLELY AT YOUR OWN RISK.

    THE SITE IS CONTINUALLY UNDER DEVELOPMENT AND SOVITAA MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN RESEARCH MAY IMPACT THE FITNESS OR RELATED ADVICE THAT APPEARS ON OR IN CONNECTION WITH THE SITE. NO ASSURANCE CAN BE GIVEN THAT THE ADVICE OR RECOMMENDATIONS CONTAINED IN OR THROUGH THE SITE AND/OR A CLASS WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL OR CONTENT.

    THEREFORE, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU RELEASE, INDEMNIFY, AND HOLD HARMLESS SOVITAA, ITS PARENT, SUBSIDIARIES OR AFFILIATED ENTITIES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, CONSULTANTS, CONTRACT EMPLOYEES, REPRESENTATIVES AND AGENTS, AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FROM ANY AND ALL RESPONSIBILITY, CLAIMS, ACTIONS, SUITS, PROCEDURES, COSTS, EXPENSES, DAMAGES AND LIABILITIES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR PARTICIPATION IN OR USE OF THE SITE AND/OR ATTENDANCE AT, PARTICIPATION IN, PURCHASE OF AND/OR USE OF ANY CLASS) INCLUDING BUT NOT LIMITED TO WITH RESPECT TO BODILY INJURY, PHYSICAL HARM, LOSS, ILLNESS, DEATH OR PROPERTY DAMAGE.

  15. Venue Waivers and Terms.

    Members taking Features are deemed to agree to the liability waivers and terms of individual Venues. Your participation in any Class may be subject to addition policies, rules or conditions of the applicable Venue and you understand and agree that you may not be permitted to reserve or attend features or services if you do not comply with these Terms or the policies of the Venues or as otherwise determined by a Venue. If you have questions about a Venue’s waiver or other terms, please see the applicable Venue’s website or contact the Venue directly.

 

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