Terms Of Service At Your Exercise Adventures(YEA)
SECTION 1 Agreement For https://yourexerciseadventures.com(YEA)
1.1. Purpose. The mission at Your Exercise Adventures(YEA) At YEA we help our clients choose, customize and complete empowering exercise adventures. Why just workout, when you could have an exciting exercise adventure? These adventures train your body for a specific end result, such as a skills test, competition or a performance. Although not mandatory, adventures should challenge your comfort zone, try it?
The following terms and conditions govern the use of the YEA website and all content, services, and products available through the website(the “Website”). For purposes of this Terms of Service, from here on, the use of YEA will include Your Exercise Adventures(YEA) and any other related sites.
SECTION 2 Your YEA Account and Site.
2.1. General. If you create am account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must not describe or assign keywords to your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and YEA may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause YEA liability. You must immediately notify YEA of any unauthorized uses of your account, or any other breaches of security. YEA will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
2.2. Service Eligibility. To be eligible to use the Service, you must meet the following criteria and represent and warrant that you:
2.2.1. are 18 years old or older;
2.2.2. are not currently restricted from the Services, or not otherwise prohibited from being a YEA Member,
2.2.3. are not a competitor of YEA or are not using the Services for reasons that are in competition with YEA;
2.2.4. unless you have written permission from YEA, you will only maintain one YEA account at any given time;
2.2.5. will use your real name and only provide accurate information to YEA;
2.2.6. have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party;
2.2.7. will not violate any rights of YEA or third party, including intellectual property rights such as copyright or trademark rights; and,
2.2.8. agree to provide at your cost all equipment, software, mobile access, and internet access necessary to use the Services.
2.3. Services Availability. For as long as YEA continues to offer the Services, YEA will provide and seek to update, improve and expand the Services. As a result, we allow you to access YEA as it may exist and be available on any given day and we have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue YEA, partially or entirely, or change and modify prices prospectively for all or part of the Services for you or for all our YEA Members in our sole discretion. All of these changes shall be effective upon their posting on YEA or by direct communication to you unless otherwise noted. further reserves the right to withhold, remove or discard any content available as part of your account, with or YEA without notice if deemed by YEA to be contrary to this Agreement. For avoidance of doubt, YEA has no obligation to store, maintain or provide you a copy of any content that you or other Members provide when using the Services.
2.4. Your Membership. The profile you create on YEA will become part of YEA and except for the information that you license to us is owned by YEA. However, between you and others, your account belongs to you. You agree to:
2.4.1. keep your password secure and confidential; and,
2.4.2. not use other’s accounts.
Further, you are responsible for anything that happens through your account until you close down your account or prove that your account security was compromised due to no fault of your own.
2.5.1. comply with legal process, including, but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures;
2.5.2. enforce this Agreement;
2.5.3. respond to claims of a violation of the rights of third parties, whether or not the third party is a Member, individual, or government agency;
2.5.4. respond to customer service inquiries; or,
2.5.5. protect the rights, property, or personal safety of YEA, YEA Members or the public.
2.6. User-to-User Communication and Sharing. YEA offers various forums such as sidebar and private chat, websites, and emails, where you may post your observations and comments on designated topics. YEA also enables sharing of information by allowing users to post updates, including links to news articles and other information such as job opportunities, product recommendations, and other content to their profile and other parts of the site. YEA, in its sole discretion, may close or transfer posts or information, or remove content from them if the content violates this Agreement or others’ intellectual property rights. Please note that ideas you post and information you share may be seen and used by other YEA Members, and YEA cannot guarantee that other YEA Members will not use the ideas and information that you share on CBD. Therefore, if you have an idea or information that you would like to keep confidential or don’t want others to use, or that is subject to third party rights that may be infringed by your sharing it, do not post it to the Website, or elsewhere on YEA. YEA IS NOT RESPONSIBLE FOR ANOTHER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST ON YEA.
SECTION 3 Responsibility of Contributors.
3.1. If you post to the blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, avideo file, an audio file, or computer software. By making Content available, you represent and warrant that:
3.1.1. the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
3.1.2. if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
3.1.3. you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
3.1.4. the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
3.1.5. the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
3.1.6. the Content is not pornographic, libelous or defamatory, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
3.1.7. your blog post is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
3.1.8. your blog post is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog post’s URL or name is not the name of a person other than yourself or company other than your own; and
3.1.9. you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by YEA or otherwise.
3.2. By submitting Content to YEA for inclusion on your Website, you grant YEA a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your content. If you delete Content, YEA will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
3.3. Without limiting any of those representations or warranties, YEA has the right (though not the obligation) to, in YEA’s sole discretion:
3.3.1. refuse or remove any content that, in YEA’s reasonable opinion, violates any YEA policy or is in any way harmful or objectionable; or,
3.3.2. terminate or deny access to and use of the Website to any individual or entity for any reason, in YEA’s sole discretion. YEA will have no obligation to provide a refund of any amounts previously paid.
SECTION 4 Fees and Payment.
Fees are charged and payments are collected for classes that you may join. These classes will be offered in a variety of physical activities and will include but not be limited to:
a. Guided practice sessions
b. Guided small group instruction
c. Private one on one sessions with an instructor
These classes may also be for specific duration, or may be ongoing. Payment will be accepted through Stripe. When you have successfully completed payment for the classes of your choice, you will also become a member of the YEA website. Your membership to the site will automatically be terminated when you quit paying for the classes and you will automatically be a subscriber, or free visitor to the site, but, without any of the membership privileges reserved for the paid member.
You agree to pay YEA the class fees of your choice starting on the day you sign up and ending when you cease to pay for classes. Payments will be charged on the day you sign up for the service. Fees are not prorated based on date of your signup and are not refundable. Accounts can be canceled by you at any time.
SECTION 5 Responsibility of Website Visitors. YEA has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, YEA does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. YEA disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
SECTION 6 Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which YEA links, and that link to YEA. YEA does not have any control over those non-YEA websites and webpages, and is not responsible for their contents or their use. By linking to a non-YEA website or webpage, YEA does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. YEA disclaims any responsibility for any harm resulting from your use of non-CBD websites and webpages.
SECTION 7 Copyright Infringement and DMCA Policy. As YEA asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by YEA violates your copyright, you are encouraged to notify YEA at email@example.com. YEA will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of YEA or others, YEA may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, YEA will have no obligation to provide a refund of any amounts previously paid to YEA.
SECTION 8 Intellectual Property. This Agreement does not transfer from YEA to you any YEA or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with YEA. YEA, the YEA logo, and all other trademarks, service marks, graphics and logos used in connection with YEA, or the Website are trademarks or registered trademarks of YEA or YEA’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any YEA or third-party trademarks.
SECTION 9 Changes. YEA reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. YEA may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services are subject to the terms and conditions of this Agreement.
SECTION 10 Termination. YEA may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your CBD account (if you have one), you may simply discontinue using the Website and/or canceling your future payments. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
SECTION 11 Disclaimer. SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. DO NOT RELY ON YEA OR ITS SUPPLIERS, ANY INFORMATION THEREIN, OR ITS CONTINUATION. WE PROVIDE THE PLATFORM FOR CBD CONTENT FOR ACCURACY. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YEA AND ITS SUPPLIERS DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY TNN OR ANYTHING RELATED TO YEA, YOU MAY CLOSE YOUR CBD ACCOUNT AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 10 (“TERMINATION”) AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY. YEA IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS EMAILS, POSTING OF CONTENT OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH YEA TO ANYONE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE WEBSITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE, OR TECHNOLOGY TO US. YEA DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY; THEREFORE, YEA DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION BY OTHERS. YEA DOES NOT GUARANTEE THAT THE SERVICES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. YEA DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, YEA DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE YEA SITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.
SECTION 12 Limitation of Liability. SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. In no event will YEA, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to YEA under this agreement during the twelve (12) month period prior to the cause of action. YEA shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
13.1. Indemnification. You agree to indemnify and hold harmless YEA, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
SECTION 14 Dispute Resolution
14.1. Law and Forum for Legal Disputes. This Agreement or any claim, cause of action or dispute (“claim”) arising out of or related to this Agreement shall be governed by the laws of the state of Colorado regardless of your country of origin or where you access YEA, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods. You and YEA agree that all claims arising out of or related to this Agreement must be resolved exclusively by a state or federal court located in the City and County of Denver, Colorado, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You and YEA agree to submit to the personal jurisdiction of the courts located within the City and County of Denver, Colorado for the purpose of litigating all such claims. Notwithstanding the above, you agree that CBD shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
14.2. Arbitration Option. For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules:
14.2.1. the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration;
14.2.2. the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and,
14.2.3. any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.
SECTION 15 General Terms
15.1. Severability. If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.
15.2. Notices and Services of Process. YEA may notify you via postings on www.YourExerciseAdventures.com. You may contact us at firstname.lastname@example.org or via mail or courier at: Your Exercise Adventures ATTN: Legal Department 6521 N. Clay St. #18, Denver, CO 80221 USA. Additionally, YEA accepts service of process at this address. Any notices that you provide without compliance with this section shall have no legal effect.
15.3. Entire Agreement. You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and YEA regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other YEA services.
15.5. No Injunctive Relief. In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services.
15.6. Beneficiaries. Entities other than YEA, that CBD owns a 50% or greater interest in (“Affiliate”) are not parties, but intended third party beneficiaries of this Agreement, with a right to enforce this Agreement directly against you.
15.7. Assignment and Delegation. You may not assign or delegate any rights or obligations under the Agreement without our written consent. Any purported assignment and delegation without written consent is ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral movation, effective upon notice to you, CBD for any third party that assumes our rights and obligations under this Agreement.
Effective date: October 5, 2019