PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR ACCESS AND USE OF THE SITE, PRODUCTS AND SERVICES. THIS AGREEMENT LIMITS OUR LIABILITY TO YOU, REQUIRES YOU TO ARBITRATE ANY DISPUTES YOU HAVE WITH US AND HAVE YOU WAIVE THE ABILITY TO BRING CLAIMS AGAINST US IN A CLASS ACTION FORMAT.
- Binding Effect
. You must be at least eighteen (18) years old to use the Site. You represent that you are of legal age to form a binding contract. Your use of the Site and Services are subject to all applicable federal, state and local laws and regulations. You represent that all information you have submitted to Zeno Gym, online or otherwise, is accurate and complete, and that you have not submitted false information on or through the Site.
- Term and Termination
. This Agreement may be terminated by Zeno Gym for any or no reason, including without limitation if you breach any of the provisions set forth in this Agreement. Termination shall be without prejudice to any other right or remedy to which we may be entitled under this Agreement or at law. Upon termination we may restrict, suspend or terminate your access to the Services and all or any part of the Site, with or without notice. Zeno Gym may also terminate your use of and access to the Site and Services at any time. If Zeno Gym terminates your use of and access to the Site and/or Services for any reason other than your breach of this Agreement, if applicable, Zeno Gym will provide a partial refund of the monthly subscription fee (if applicable) for the month in which the termination is effective, based on the number of days remaining in that month which shall be your sole remedy for such termination.
- Identity Verification; Account and Password
. User verification on the Internet is difficult and we cannot and do not confirm each user’s purported identity. We may now or in the future allow or require you to create and maintain an account to facilitate your transactions on the Site or as a condition to receive our Services. If you register for an account, you are responsible to maintain your account identification number, password and any card or similar item (“Account ID”) with care to avoid inadvertent disclosure or unauthorized use. You must immediately select a new Account ID and password if you believe your password may have become known to an unauthorized person. You are responsible for all uses of your account, whether or not authorized by you. You may not use the account, username, or password of anyone else at any time. You acknowledge that Zeno Gym and its members, managers, employees, contractors, representatives, agents and affiliates will have no liability to you for any unauthorized transaction made on your account. Further, we may suspend or cancel your account or your access to the Site at any time even without receiving notice from you if we suspect that your account and/or password is being used in an unauthorized or fraudulent manner. By creating an account with us, you agree that all information provided to us is true and accurate and that you will maintain and update this information as required to keep it current, complete and accurate. Registration for an account is void where prohibited.
. We grant you a limited, revocable, non-exclusive license to access the Site in order to view the Site’s content and utilize the Services. Any other use of the Site is expressly prohibited. We do not grant to you any right of collection, aggregation, copying, duplication, display or derivative use of the Site or the content contained thereon nor any right of use of data mining, robots, spiders or similar data gathering and extraction tools without our prior written permission; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose Internet search engines and non-commercial public archives that use tools to gather information for the purpose of displaying hyperlinks to the Site.
- Prohibited Conduct
. You agree you will not (i) access content or data not intended for you, or log onto a server or account that you are not authorized to access; (ii) submit, transmit or facilitate the distribution of information or content that is harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights; (iii) use the Site for any unauthorized use including but not limited to chain letters, junk mail, “spamming,” telephone solicitations in violation of any state or federal Do-Not-Call registry, or as a basis for any use or distribution lists to any person who has not given specific permission to be included in such a process; (iv) submit, transmit, promote or distribute information or content that is illegal; (v) attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Site or attempt to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (vi) upload invalid data, viruses, worms, or other software agents through the Site; (vii) use any robot, spider, scraper or other system to access the Site for any purpose without our express written permission; (viii) impersonate another person, use any Account ID, Personally Identifiable Information or gift card not belonging to you, conduct fraud, hide or attempt to hide your identity; (ix) submit, upload, post, e-mail, transmit or otherwise make available any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (x) interfere with the proper working of the Site; (xi) bypass the measures we may use to prevent or restrict access to the Site; or (xii) attempt to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any Product or source code used by Zeno Gym in providing the Site. Any violation of system or network security may subject you to civil and/or criminal liability. Zeno Gym reserves the right to terminate your access to the Site immediately and without notice (in addition to all other rights and remedies under applicable law), if it becomes aware and determines, in its sole discretion, that you are violating any of the foregoing guidelines.
- Accuracy of Information
. We make no, and disclaim all, express or implied representations and warranties as to the accuracy, correctness, usefulness, reliability, thoroughness, or otherwise with respect to the Products, Services and any information on the Site, and assume no liability or responsibility for any omissions or errors (including, without limitation, typographical errors and technical errors) or delays relating to the Products, Services and information contained on the Site. The information presented on or through the Site is available solely for general information purposes. Any reliance you place on such information is strictly at your own risk. No information contained on the Site is intended to be considered medical advice or considered to be a treatment, cure or remedy for any medical problem or disease. Zeno Gym specifically makes no representations or warranties: (i) that any particular fitness, exercise or health program or exercise is suitable for you; (ii) regarding the adequacy or safety of the fitness or health programs and exercises for any particular user; (iii) that using the Site, the Services or the Products will meet your personal needs or goals; (iv) regarding the results of any particular fitness, exercise, or health program or exercise; or (v) regarding the safety or fitness for particular use of the Products, the Services or any other exercise or fitness products.
Zeno Gym does not endorse or recommend any particular merchants or any products or services or other information that may be available on the Site. Under no circumstances will Zeno Gym be liable for any loss or damage caused by your reliance on the Services or other information obtained through the Site. It is your responsibility to independently evaluate the accuracy, completeness, or usefulness of the Products and Services and any information or other content available through the Site. Zeno Gym does not endorse third party websites or third party websites’ products or services and we are not affiliated with the operators of such websites. Zeno Gym disclaims any representations regarding the content or accuracy of materials on such third party websites. If you decide to access linked third party websites, you do so at your own risk and your use of those websites is also governed by their terms and conditions. Zeno Gym reserves the right to revoke any link to a third party website at any time in its sole discretion.
- Intellectual Property
. “Zeno Gym,” and our logos and other marks are either trademarks, service marks or registered trademarks or service marks of Zeno Gym or its licensors (“Trademarks”). The Trademarks, content, organization, graphics, images, videos, exercises, audio, designs, compilations, documentation, data, computer codes, ideas, know-how, “look and feel”, magnetic transactions, digital conversions, features, functionality and other materials included within the site or related to the Site, and all modifications and derivative works thereof, and all intellectual property rights related thereto (collectively, the “Intellectual Property”) are owned by Zeno Gym, its licensors or other providers of such material and are protected under applicable U.S. and international copyright, trademark and intellectual property laws. The posting of information or materials on the Site by us does not constitute a waiver of any rights in any Trademarks or Intellectual Property. This Agreement permits you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on or contents of the Site. You shall not challenge, contest or otherwise impair Zeno Gym’s ownership of the Site and the content therein or the validity or enforceability of Zeno Gym’s rights in the Intellectual Property. We reserve the right in our sole discretion to edit or delete any information or other content appearing on the Site including, without limitation, information posted by us, you, or third parties, at any time without consent or notice. When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Services and the Site are at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content on our Site (collectively, “User Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any User Content you provide or transmit. The burden of proving that any User Content does not violate any laws or third party rights rests solely with you.
- Modification of Services and Products; Additional Terms and Conditions
. Zeno Gym may, at its discretion, modify or discontinue any of the Services, or any portion thereof, or Products with or without notice. Zeno Gym also cannot guarantee the availability of specific Products or Services at any particular time. Prices for our Products and Services are also subject to change without notice. We will not be liable to you or to any third party for any modification, price change, suspension or discontinuance of any Product or Service. Please be aware we reserve the right at our discretion to make changes to the Site and Agreement at any time, and all such changes shall be immediately applicable. When we make changes, the “Effective Date” of this Agreement will be revised. Your continued use of our Site or Services following the posting of changes to this Agreement will mean you accept those changes. We encourage you to review this Agreement each time you visit the Site. Without limiting the effectiveness of the foregoing, in the event of certain changes to this Agreement, you may also be required to assent to the new terms, and you may also be notified by email if we have your email address. If any modification is unacceptable, you should stop using the Site and our Services.
- Limited Warranty. Zeno Gym warrants to the initial retail purchasers that the Products sold through this Site will be free of defects in workmanship or material for a period of one year. Inappropriate or improper use of the Products including but not limited to the following acts shall void the warranty: leaving the Product outdoors for extended periods of time or during harsh weather, performing exercises in a way that causes the rope to make contact with sharp edges, and any other actions that would not be deemed normal use. Written notice of such defect must be promptly given to Zeno Gym. Correction shall be made in Zeno Gym’s sole discretion by either sending a replacement Product or repairing the Product. Correction of the said Product shall constitute complete fulfillment of all liabilities of Zeno Gym with respect to the quality of the Product(s) purchased. This warranty shall not cover any damage or condition determined by Zeno Gym at its sole discretion to be caused by carelessness, negligence, neglect, misuse, and/or unreasonable use, normal wear and tear, or failure to properly maintain the Product or unauthorized repairs or any modifications thereof.
- isclaimer of Warranties
. UNLESS OTHERWISE PROVIDED FOR IN THIS AGREEMENT, THE SITE AND ALL CONTENT, MATERIALS, SERVICES AND PRODUCTS CONTAINED IN THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICES. UNLESS OTHERWISE PROVIDED FOR IN WRITING BY ZENO GYM, WE DISCLAIM ALL WARRANTIES, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, NON-INFRINGEMENT, PERFORMANCE OR ACCURACY. IN ADDITION, ZENO GYM DISCLAIMS (i) ANY ENDORSEMENT OF OR LIABILITY FOR CONTENT AND HYPERLINKS OR ANY SERVICES PROVIDED BY AFFILIATES OR MERCHANTS THROUGH THE SITE; (ii) ANY LIABILITY FOR INACCURACY, INCOMPLETENESS OR TIMELINESS OF THE CONTENT ON THE SITE; (iii) ANY LIABILITY FOR THE TRANSMISSION OF VIRUSES OR THE OCCURRENCE OF DATA CORRUPTION; (iv) ANY LIABILITY FOR OTHER DAMAGES THAT MAY RESULT FROM THE TRANSMISSION, USE OR INABILITY TO USE THE SITE OR CIRCUMSTANCES OVER WHICH ZENO GYM HAS NO PRACTICAL CONTROL; (v) ANY LIABILITY REGARDING WHETHER THE PRODUCTS OR SERVICES WILL MEET YOUR REQUIREMENTS; (vi) ANY LIABILITY RELATING TO THE SERVICES BEING UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (vii) ANY LIABILITY REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS AND SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE; AND (viii) ANY LIABILITY OF ANY DAMAGES, MEDICAL EXPENSES, TEMPORARY OR PERMANENT INJURIES SUFFERED AS A RESULT OF YOUR NEGLIGENCE AND/OR THE RESULT OF ANY REPAIR, ADJUSTMENTS OR MODIFICATIONS TO THE PRODUCT(S) THAT WERE NOT AUTHORIZED IN WRITING BY ZENO GYM.
YOU UNDERSTAND AND AGREE THAT THE OPERATION OF THE SITE MAY INVOLVE BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. ZENO GYM SHALL HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF THE SITE OR USE OF ANY INFORMATION, PRODUCTS OR SERVICES ACCESSED THROUGH THE SITE. EXCEPT FOR ITS LIMITED WARRANTY POLICY AND 15-DAY MONEYBACK GUARANTEE DESCRIBED IN WRITING ON THIS SITE, NO CONTENT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE BY ZENO GYM OF ANY KIND. NO PARTY IS LIABLE FOR ANY NONPERFORMANCE UNDER THIS AGREEMENT DUE TO CAUSES BEYOND ITS REASONABLE CONTROL.
ZENO GYM IS NOT RESPONSIBLE FOR THE CONTENT OF ANY INFORMATION POSTED BY ANY THIRD PARTY ON THE SITE, INCLUDING BUT NOT LIMITED TO ANY LINKED SITES OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES.
- Medical Liability Disclaimer.
ANY HEALTH AND FITNESS CONTENT PROVIDED ON THIS SITE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. ZENO GYM IS NOT A HEALTH CARE PRACTITIONER AND HAS NO EXPERTISE IN DIAGNOSING, EXAMINING OR TREATING MEDICAL CONDITIONS OF ANY KIND, OR IN DETERMINING THE EFFECT OF A SPECIFIC EXERCISE OR TREATMENT ON A MEDICAL CONDITION. ZENO GYM IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL OR PSYCHOLOGICAL ADVICE, DIAGNOSIS OR TREATMENT. YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PRACTITIONER BEFORE STARTING THIS OR ANY EXERCISE PROGRAM OR FITNESS ACTIVITY. NOTHING STATED HEREIN IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, MEDICAL ADVICE.
ZENO GYM IS NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, EFFECTIVENESS, OR CORRECT USE OF INFORMATION YOU RECEIVE THROUGH THE SITE, OR ANY HEALTH PROBLEMS THAT MAY RESULT FROM OUR SERVICES, PRODUCTS, OR EVENTS YOU LEARN ABOUT THROUGH OUR SERVICE OR PRODUCTS. YOU ARE ENCOURAGED TO CONSULT WITH YOUR HEALTH CARE PROVIDER WITH ANY QUESTIONS OR CONCERNS YOU MAY HAVE REGARDING ANY HEALTH CONDITION.
- Assumption of Risk.
YOU EXPRESSLY AGREE THAT ENGAGING IN EXERCISE OR FITNESS ACTIVITIES AS PART OF THE SERVICES CARRY CERTAIN INHERENT AND SIGNIFICANT RISKS OF PROPERTY DAMAGE, BODILY INJURY OR DEATH. YOU ACKNOWLEDGE YOU ARE ENTIRELY RESPONSIBLE AND VOLUNTARILY ASSUME ALL RISK ASSOCIATED WITH THE USE OF OUR PRODUCTS, SERVICES AND ANY CONTENT ON THE SITE, AND THE PERFORMANCE OF ANY ACTIVITY DEPICTED THEREIN OR RELATED THERETO, INCLUDING WITHOUT LIMITATION THE USE OF THE PRODUCTS AND ANY OTHER EXERCISE EQUIPMENT OR RELATED PRODUCT WHEN PERFORMING EXERCISES DEPICTED OR DESCRIBED ON OUR SITE.
YOU ACKNOWLEDGE YOU SHOULD NOT USE THE PRODUCTS OR PERFORM ANY ACTIVITIES DEPICTED OR DESCRIBED ON THE SITE IF YOU HAVE ANY PHYSICAL, MEDICAL, OR HEALTH CONDITION WHICH MAY LIMIT OR AFFECT YOUR ABILITY TO PERFORM ANY ACTIVITY DEPICTED OR DESCRIBED HEREIN, INCLUDING, BUT NOT LIMITED TO, FAMILY HISTORY OF HIGH BLOOD PRESSURE, HEART DISEASE, SMOKING, HIGH CHOLESTROL, BREATHING PROBLEMS, OR HAVE EVER EXPERIENCED CHEST PAIN WHILE EXERCISING.
IF AT ANY TIME WHILE YOU ARE PERFORMING ANY EXERCISE OR FITNESS ACTIVITY DEPICTED OR DESCRIBED ON THE SITE YOU FEEL DISCOMFORT, LIGHT-HEADED, NAUSEOUS OR HAVE CHEST OR ANY OTHER PAINS, YOU SHOULD STOP IMMEDIATELY, CONTACT YOUR HEALTH CARE PROVIDER AND/OR DIAL 911.
- Limited Liability
. ZENO GYM SHALL NOT BE RESPONSIBLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER FORESEEABLE OR NOT, THAT ARE IN ANY WAY RELATED TO THIS AGREEMENT, ANY VIRUSES AFFECTING THIS SITE, THE USE OR INABILITY TO USE THE SITE, THE PRODUCTS OR SERVICES PURCHASED FROM THE SITE, LOSS OF GOODWILL OR PROFITS, LOST BUSINESS, HOWEVER CHARACTERIZED, AND/OR FROM ANY OTHER CAUSE WHATSOEVER. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF ZENO GYM IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ZENO GYM’S AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT YOU PAID TO ZENO GYM FOR THE USE OF THE SERVICES OR PRODUCTS.
- Waiver of Trial by Jury
. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND ZENO GYM HEREBY KNOWINGLY, IRREVOCABLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHTS TO A TRIAL BY JURY IN RESPECT OF ANY ACTION, PROCEEDING OR COUNTERCLAIM BASED ON THIS AGREEMENT OR ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER VERBAL OR WRITTEN) OR ACTION OF ANY PARTY HERETO. THIS PROVISION IS A MATERIAL INDUCEMENT FOR YOU AND ZENO GYM ENTERING INTO THIS AGREEMENT.
- Shipping and Returns. Shipping and handling fees are additional charges unless otherwise expressly indicated at the time of sale. If you believe any part of our Products are missing, wrong or damaged, you must notify us within fifteen (15) calendar days after receipt of your order. All Products shall be deemed to have been irrevocably accepted by you in their current condition unless you notify us of any defect, nonconformance or other issue within fifteen (15) calendar days of receipt of Products that you purchased. Except as set forth in such notice (or if you fail to provide such notice), you will be deemed to have accepted such Product(s), waived any right to reject the Product(s) and verified its conformance, good condition and repair. Delivery/shipping dates are given to be used as a guide only. We will not be held responsible for any loss of earnings or consequential damage as a result of delivery delay. For more information regarding our shipping, returns and warranty policy, please refer to our Shipping Policies [https://zenogym.com/pages/shipping].
- Subscription, Automatic Renewal Fees. Some Services available through or in connection with this Site require that you purchase a subscription or otherwise pay a fee. Some subscriptions may be available for monthly, bi-monthly, quarterly, semi-annual or annual subscription or membership fees. We will advise you of the terms applicable to each subscription prior to purchase.
BY SIGNING UP FOR SERVICES THAT REQUIRE PAYMENT, YOU AUTHORIZE ZENO GYM TO CHARGE YOUR DEBIT OR CREDIT CARD OR OTHER PAYMENT ACCOUNT THE FEES ASSOCIATED WITH THE SERVICES YOU SELECTED, AND YOU ACKNOWLEDGE AND AGREE THAT ZENO GYM WILL NOT OBTAIN ADDITIONAL AUTHORIZATION FROM YOU FOR EACH RECURRING FEE CHARGED TO YOUR DEBIT OR CREDIT CARD OR OTHER PAYMENT ACCOUNT. YOU ARE SOLELY RESPONSIBLE FOR ALL CHARGES, FEES, DUTIES, TAXES, AND ASSESSMENTS ARISING OUT OF ANY USE OF YOUR ACCOUNT OR THE SERVICES BY YOU OR ANYONE ELSE USING YOUR ACCOUNT. IN ADDITION, YOU AGREE THAT ZENO GYM SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY OVERDRAFT CHARGES OR FEES WHICH YOU MIGHT INCUR AS A RESULT OF YOUR SERVICES. YOU UNDERSTAND AND AGREE THAT IF YOU PURCHASE SERVICES, THIS CONSUMER TRANSACTION INVOLVES A NEGATIVE OPTION, AND YOU MAY BE LIABLE FOR PAYMENT OF FUTURE GOODS AND SERVICES UNDER THESE TERMS IF YOU FAIL TO NOTIFY ZENO GYM NOT TO SUPPLY THE GOODS OR SERVICES DESCRIBED. FOR MONTHLY SUBSCRIPTION PLANS, YOUR MONTHLY SUBSCRIPTION WILL BE AUTOMATICALLY RENEWED. THE RENEWAL CHARGE SHALL BE EQUAL TO THE PREVIOUS MONTH’S FEES PLUS ANY ADDITIONAL APPLICABLE CHARGES OR FEES. ZENO GYM RESERVES THE RIGHT TO CHANGE THE AMOUNT OF, OR BASIS FOR DETERMINING, ANY FEES OR CHARGES FOR SERVICES IT PROVIDES, AND TO INSTITUTE NEW FEES, CHARGES, OR TERMS EFFECTIVE UPON PRIOR NOTICE TO YOU. SUCH NEW FEES, CHARGES, OR TERMS SHALL NOT TAKE EFFECT EARLIER THAN 30 DAYS AFTER ZENO GYM POSTS SUCH MODIFIED FEES ON THE SITE OR COMMUNICATES THEM TO YOU BY E-MAIL. IF YOU HAVE A BALANCE DUE ON ANY ACCOUNT, YOU AGREE THAT THE ZENO GYM CAN CHARGE THESE UNPAID FEES TO YOUR CREDIT CARD ON FILE WITH ZENO GYM. YOU MAY CANCEL YOUR MONTHLY SUBSCRIPTION TO THE SERVICES AT ANY TIME AND YOUR MONTHLY SUBSCRIPTION WILL BE TERMINATED, AND YOU WILL NOT BE CHARGED ANY ADDITIONAL FEES HEREUNDER, ON THE LAST DAY THE MONTH IN WHICH ZENO GYM RECEIVES YOUR CANCELATION NOTIFICATION.
You must promptly notify us if your credit card, user name, or password is lost, stolen, or used without permission. In such an event, we will remove that credit card number, user name, or password from your account and update our records.
- Access; Alleged Violations
. To ensure that Zeno Gym provides a high quality experience for you and for other users of the Site, you agree that Zeno Gym or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or for other matters for which Zeno Gym deems access is necessary in its sole discretion. Zeno Gym does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Zeno Gym reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, if Zeno Gym believes that you have violated this Agreement, furnished Zeno Gym with false or misleading information, or interfered with use of the Site or the Service by others.
- Affiliated Sites
. Zeno Gym has no control over, and no liability for any third party websites or materials that may be accessed through the Site. Because neither Zeno Gym nor the Site has control over the content and performance of third party sites, Zeno Gym makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Zeno Gym assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites.
. You will indemnify, defend and hold Zeno Gym, our members, managers, employees, contractors, representatives, agents and affiliates harmless from loss, liability, costs, damages or expenses from any and all claims, actions and suits, whether groundless or otherwise, and from and against any and all claims, liabilities, judgments, losses, damages, costs, charges, attorney’s fees, and other expenses of every nature and character arising out of or related to (i) your improper use of the Site, the Products or the Services; or (ii) your breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement.
- Governing Law
. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. Subject to the arbitration provision below, any legal actions related to this Agreement and/or the Site, or your use thereof, shall be brought and conducted in San Diego County, California, and you hereby consent to such jurisdiction and authorize and accept service of process sufficient for personal jurisdiction in any action contemplated by this section.
- Arbitration Agreement and Class Action Waiver. Both you and Zeno Gym agree that any dispute, controversy or claim arising out of or relating to this Agreement or the breach or termination hereof shall be settled by binding arbitration conducted by JAMS in accordance with JAMS Comprehensive Arbitration Rules and Procedures (“Rules”). Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award and nothing in this arbitration agreement shall be interpreted as limiting any non-waivable statutory rights.
The arbitration shall be heard by one arbitrator to be selected in accordance with the Rules, in San Diego County, California. Judgment upon any award rendered may be entered in any court having jurisdiction thereof. All parties waive the right, if any, to obtain any award for exemplary or punitive damages or any other amount for the purpose or imposing a penalty from the other in any arbitration or judicial proceeding or other adjudication arising out of or with respect to this Agreement, or any breach hereof, including any claim that said Agreement, or any part hereof, is invalid, illegal or otherwise voidable or void. Notwithstanding the foregoing, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court or in the U.S. Patent and Trademark Office to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
You agree that you have voluntarily chosen to visit the Site and use the Services and any claim brought by you must be brought in your individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). Both you and Zeno Gym hereby expressly waive any rights to maintain any Class Action in any forum. Any court or arbitrator shall not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration or lawsuit. Any claim that all or part of this agreement to arbitrate and Class Action waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
30-Day Right to Opt-Out - To opt-out of this agreement to arbitrate and Class Action waiver, you must notify us in writing within 30 days of it first becoming applicable to you (i.e., within 30 days of you first agreeing to a version of this Agreement containing an Arbitration Agreement and Class Action Waiver provision) by emailing us at email@example.com and providing us with the following information: (a) Your name; (b) Your address; and (c) a clear statement that you wish to opt out of this provision in this Agreement.
. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor the right to enforce such provision.
If you have any questions regarding this Agreement, please contact us at our email address: firstname.lastname@example.org.
Effective Date: ________________.