Vibe Fitness, Inc Terms of Service

LAST UPDATED: November 1, 2019

Vibe Fitness, Inc. provides a digitally accessible interactive fitness community and related professional services, content, trainings, tools, products, and features through Vibe Fitness websites, our online studio, physical fitness studios, and Vibe Fitness controlled social media outlets (including on Facebook, Instagram, Spotify, You Tube, Pinterest and Twitter and the like) accessed via mobile, desktop, devices or any streamed platform applications.  These are collectively called “Vibe Services.” The terms, “we” “us” or “our” used in this TOS refer to Vibe Fitness, Inc. Any Service purchased hereunder is purchased from Vibe Fitness, Inc. By registering as a member, browsing, visiting or by accessing or using the Vibe Fitness Service in any way, you accept this Agreement. Vibe Fitness offers “the services,” including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. 

Prior to using Vibe Services, it is important for you to know and understand that by accessing and/or using the Service through any means, you are agreeing to accept certain liability limitations and legal and health disclaimers, which we further explain throughout this Agreement. In other words, your use of the Vibe Fitness Service is at your own risk, and we do not assume any liability, or make any warranties of any kind, express or implied, with respect to the Service or your access and use of the Service. If you have any questions or concerns regarding the terms or conditions herein, please email us at support@experiencevibefitness.com.

IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT, INCLUDING OUR PRIVACY POLICY, LIMITATIONS OF LIABILITY, WARRANTY DISCLAIMERS AND GENERAL HEALTH AND LEGAL DISCLAIMERS, DO NOT ACCESS OR USE THE APPLICATIONS, SITE OR THE VIBE FITNESS SERVICE.

We may amend this Agreement from time to time. If the changes include material changes that affect your rights or obligations, we will notify you of the changes by reasonable means. You acknowledge that an email to the email address provided at registration, which notifies you of such changes, shall constitute reasonable means. Your continued use of the Applications, Site or Service after we post any amendments to this Agreement will signify your acceptance of such amendments. If you do not agree with any amendment, you must discontinue your access to and use of the Service.

By using the Service, you consent to receiving this Agreement in electronic form.

HEALTH WARNING AND LIABILITY DISCLAIMER

PLEASE READ OUR FULL PROFESSIONAL ADVICE AND MEDICAL DISCLAIMER BELOW BEFORE COMMENCING YOUR USE OF THE SERVICE.

YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PRACTITIONER BEFORE STARTING THIS OR ANY OTHER EXERCISE OR WEIGHT LOSS PROGRAM TO DETERMINE IF IT IS RIGHT FOR YOUR NEEDS. THIS IS PARTICULARLY TRUE IF YOU OR YOUR FAMILY HAVE A HISTORY OF HIGH BLOOD PRESSURE, HEART DISEASE, IF YOU HAVE EVER EXPERIENCED CHEST PAIN WHEN EXERCISING, SMOKE, HAVE HIGH CHOLESTEROL, HAVE A BONE OR JOINT PROBLEM OR OTHER MEDICAL CONDITION THAT COULD BE MADE WORSE BY A CHANGE IN PHYSICAL ACTIVITY OR DIET,  OR OTHER MEDICAL CONDITION THAT MAY BE IMPACTED BY A CHANGE TO DIET OR EXERCISE, OR IF YOU HAVE EVER EXPERIENCED DISCOMFORT WHILE EXERCISING. DO NOT USE THE VIBE FITNESS SERVICE 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 OR FASTING, YOU SHOULD STOP IMMEDIATELY. THE VIBE FITNESS SERVICE OFFERS GENERAL HEALTH AND FITNESS INFORMATION AND IS DESIGNED FOR INFORMATIONAL PURPOSES ONLY. NOTHING STATED OR POSTED ON THE VIBE FITNESS SERVICE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR PROFESSIONAL COUNSELING ADVICE OR CARE. YOUR USE OF THE VIBE FITNESS SERVICE IS AT YOUR OWN RISK. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH OR NUTRITION CARE, TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. THE CONTENT ON THESE VIDEOS, AND INFORMATION ON THIS SITE IS NOT MEANT TO SUBSTITUTE, NOR REPLACE PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. 

DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU READ ON THE SERVICE. THE USE OF ANY INFORMATION PROVIDED ON THE SITES OR THROUGH THE SERVICES IS SOLELY AT YOUR OWN RISK. VIBE FITNESS SHALL NOT BE LIABLE FOR ANY LIABILITY, OF ANY KIND, RESULTING FROM THE USE OF THE VIBE FITNESS SERVICE.

IF YOU ARE IN THE UNITED STATES AND THINK YOU ARE HAVING A MEDICAL OR HEALTH EMERGENCY, CALL YOUR HEALTH CARE PROFESSIONAL, OR 911, IMMEDIATELY.

THE VIBE FITNESS SERVICE IS CONTINUALLY UNDER DEVELOPMENT AND VIBE FITNESS MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT GENERAL HEALTH, FITNESS AND ADVICE. NO ASSURANCE CAN BE GIVEN THAT THE INFORMATION CONTAINED ON THE VIBE FITNESS SITE WILL ALWAYS INCLUDE THE MOST RECENT DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.

WHO MAY USE THE VIBE FITNESS SERVICE

Age Requirement. You must be at least 18 years old, or the age of legal majority in your jurisdiction of residence, to register with and use the Vibe Fitness Service. 

Notice to Parents/Guardians: You are responsible for monitoring and supervising your child’s use of the Vibe Fitness Service. If your child is using the Vibe Fitness Service without your express consent and is under 18, please contact us immediately so that we can disable his or her access. If you have questions about the Vibe Fitness Service, please contact support@experiencevibefitness.com

We may, in our sole discretion, refuse to offer the Vibe Fitness Service to any person or entity and change eligibility criteria at any time. You are solely responsible for ensuring that these Terms are incompliance with all laws, rules and regulations applicable to you, and the right to access and use the Vibe Fitness Service is revoked where these Terms or use of the Vibe Fitness Service is prohibited or conflicts with any applicable law, rule or regulation. Further, the Vibe Fitness Service is offered only for your personal, non-commercial use, and not for the use or benefit of any third party.

PRIVACY 

Our Privacy Policy forms part of these Terms. Please review the Privacy Policy to learn about:

• What information we may collect about you;
• What we use that information for; and
• With whom we share that information.

SERVICES

A. Grant of License. Subject to your compliance with the terms and conditions of this Agreement, Vibe Fitness grants you a limited, non-exclusive, revocable, non-sublicensable, non- transferable license, to access and use the most current available versions of the Site, Applications and Service for your lawful, personal and non-commercial use.

B. Available Content. The Service and the content provided therein is available for users of various skill levels, for a variety of activities, and for varying durations. Content may not always be available and is subject to change at any time with or without notice and without any liability to you. Content is intended for informational purposes only and should not be considered medical or healthcare advice.

C. Membership. While you may enjoy certain content and features without registering with Vibe Fitness, to receive the full benefits some of our Services, you may be required to register as a member by providing a username, password, valid email address and valid credit card information. You must provide complete and accurate registration information to Vibe Fitness and notify us if your information changes. In creating a username, you may not use someone else’s name, a name that violates any third party right, or a name that is obscene or otherwise objectionable. Features and prices are subject to change

D. Non-commercial Use. Use of the Site and Service is for personal, non-commercial use only. You may not use the Service in connection with any commercial endeavors, such as (i) advertising or soliciting any user to buy or sell any products or services; or (ii) for commercial purposes. Users of the Site may not use any information obtained from the Service to contact, advertise to, solicit, or sell to any other user without his or her prior explicit consent. Organizations, companies, and/or businesses may not use the Service or the Site for any purpose unless expressly authorized by Vibe Fitness. If you wish to inquire about possible commercial use, please contact us at support@experiencevibefitness.com. Vibe Fitness may investigate and take any available legal action in response to illegal and/or unauthorized uses of the Site or the Service.

E. Account Security. You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You must not allow others to use your account. You must safeguard the confidentiality of your password. If you are using a computer that others have access to, you must log out of your account after using the Vibe Fitness Service. If you become aware of any unauthorized access to your account, you must change your password and notify us immediately at support@experiencevibefitness.com.

F. Term and Termination; Account Deletion. 

• Term. These terms begin on the date you first use the Vibe Fitness Service and continue as long as you have an account with us and/or continue to use the Vibe Fitness Service.
• Termination. Vibe Fitness may, in Vibe Fitness’s sole discretion, suspend, disable, or delete your account (or any part thereof) or block or remove any User Content (defined below) that you submitted, for any lawful reason, including if Vibe Fitness determines that you have violated these Terms or that your conduct or User Content would tend to damage Vibe Fitness’s reputation or goodwill. If Vibe Fitness deletes your account, you may not re-register for or use the Vibe Fitness Service under any other user name or profile. Vibe Fitness may block your access to the Vibe Fitness Service to prevent re-⁠registration.
• Effect of Termination / Account Deletion. Upon termination of these Terms all licenses granted by Vibe Fitness will terminate. The following sections survive termination: Privacy, User Content, Indemnification, No Warranties, Limitation of Liability, Safety Warnings, Intellectual Property, Arbitration & Class Action Waiver, Governing Law and all general provisions. In the event of account deletion for any reason, User Content may no longer be available and Vibe Fitness is not responsible for the deletion or loss of such User Content. For clarity, if you cancel your Subscription or it is terminated for any reason, you will lose access to all live and on-demand classes and any other Content or features provided through the Vibe Fitness Service. Vibe Fitness, in its sole discretion, may make available a very limited amount of Content or features to non-subscribers from time to time, and any use of that Content is governed by these Terms.

G. User Content. “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Vibe Fitness Service; and (ii) ”User Content” means any content that users (including you) provide to be made available through the Vibe Fitness Service. Content includes, without limitation, User Content.

Any User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content submitted by or on behalf of you is accurate, complete, up-to-date, and in compliance with these Terms and with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Vibe Fitness Service is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. To the full extent permitted by law, we make no representations, warranties or guarantees with respect to any Content that you access on or through the Vibe Fitness Service.

As between you and Vibe Fitness, you represent that you own (or have all rights necessary to grant Vibe Fitness the rights below to) all User Content that you submit to the Vibe Fitness Service, and that Vibe Fitness will not need to obtain licenses from any third party or pay royalties to any third party in order to use such User Content. You grant Vibe Fitness a worldwide, perpetual, irrevocable, non-exclusive, sublicensable (through multiple tiers), transferable royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or later created), edit, modify, and make derivative works from your User Content (including, without limitation, translations) for any purpose whatsoever, commercial or otherwise, without compensation to you. In addition, you waive any so-called “moral rights” or rights of privacy or publicity in your User Content. You further grant all users of the Vibe Fitness Service permission to view your User Content for their personal, non-commercial purposes. If you make suggestions to Vibe Fitness or through the Vibe Fitness Service about improving or adding new features or products to the Vibe Fitness Service or you otherwise provide feedback or testimonials, you hereby grant to Vibe Fitness a worldwide, perpetual, irrevocable, non-exclusive, sublicensable (through multiple tiers), transferable royalty-free license and right to use, copy, modify, create derivative works based upon and otherwise exploit your suggestions, feedback and testimonials for any purpose, without any notice, compensation or other obligation to you.

You can remove your User Content by specifically deleting it. However, in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Vibe Fitness Service. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

H. General Prohibitions and Vibe Fitness’s Enforcement Rights

You agree not to do any of the following:

a) Post, upload, publish, submit or transmit any User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person, animal, or entity; (vii) exploits minors or (viii) promotes illegal or harmful activities or substances;

b) Download and/or install any third party software and/or application on any Vibe Fitness hardware that is not expressly permitted by Vibe Fitness in writing;

c) Use, display, mirror or frame the Vibe Fitness Service or any individual element within the Vibe Fitness Service, Vibe Fitness’s name, any Vibe Fitness trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Vibe Fitness’s express written consent;

d) Access, tamper with, or use non-public areas of the Vibe Fitness Service, Vibe Fitness’s computer systems, or the technical delivery systems of Vibe Fitness’s providers;

e) Attempt to probe, scan or test the vulnerability of any Vibe Fitness system or network or breach any security or authentication measures;

f) Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Vibe Fitness or any of Vibe Fitness’s providers or any other third party (including another user) to protect the Vibe Fitness Service or Content;

g) Attempt to access, scrape or search the Vibe Fitness Service or Content or download Content from the Vibe Fitness Service, including through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools, plugins, add-ons or the like), other than the software and/or search agents provided by Vibe Fitness or other generally available third-party web browsers;

h) Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;

i) Use any meta tags or other hidden text or metadata utilizing a Vibe Fitness trademark, logo URL or product name without Vibe Fitness’s express written consent;

j) Use the Vibe Fitness Service or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms or permitted expressly in writing by Vibe Fitness;

k) Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Vibe Fitness Service or Content to send altered, deceptive or false source-identifying information;

l) Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Vibe Fitness Service or Content;

m) Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Vibe Fitness Service;

n) Collect or store any personally identifiable information from the Vibe Fitness Service from other users of the Vibe Fitness Service without their express permission;

o) Copy, use, disclose or distribute any information obtained from the Vibe Fitness Service, whether directly or through third parties (such as search engines), without Vibe Fitness’s express written consent;

p) Impersonate or misrepresent your affiliation with any person or entity;

q) Violate any applicable law or regulation; or

r) Encourage or enable any other individual to do any of the foregoing.

Although we’re not obligated to monitor access to or use of the Vibe Fitness Service or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Vibe Fitness Service, to ensure compliance with these Terms, to comply with applicable law or other legal requirements and to maintain the integrity and reputation of the Vibe Fitness Service and Vibe Fitness’s systems. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Vibe Fitness Service. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

PAYMENT

A. Subscription. The Vibe Fitness Services are paid, auto-renewing subscription services. You will be charged the stated subscription amount for the subscription period upon completion of your registration and submission of your payment information unless your membership includes a free trial period.

B. Auto-Renewal. You are agreeing that upon expiration of the initial subscription period, your subscription will automatically renew for successive periods. You agree to automatic (recurring) billing, and agree to pay the charges made to your account in connection therewith. You will be billed at the then-current applicable subscription price plus any applicable taxes. We will process payment for any renewal subscriptions using the same billing cycle as your current subscription. Subscription fees may change at any time, to the fullest extent permitted under applicable law. Your Subscription, and monthly billing of your account, will continue indefinitely until cancelled by you. If you provide a payment method and our charge results in an overdraft, chargeback or other fees from your bank, you alone are responsible for that fee. EVEN IF YOU DO NOT USE THE SUBSCRIPTION OR ACCESS THE VIBE FITNESS APPLICATION OR SITE, YOU WILL BE RESPONSIBLE FOR ANY SUBSCRIPTION FEES UNTIL YOU CANCEL YOUR SUBSCRIPTION OR IT IS OTHERWISE TERMINATED.

Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription to that publication, where applicable.

If you accepted an offer with a Free Trial for access to the Vibe Fitness Site, your Vibe Fitness membership begins when you have completed the Free Trial sign-up process (i.e., when we collect your personal and payment information). At the end of your Free Trial, you will begin to be billed automatically each month (about every 30 days) until you cancel. Once we begin to bill you, cancellations take effect starting at the end of your current billing period, meaning there are no partial month refunds or credits. If you cancel your Free Trial membership at anytime during the Free Trial period, you will not be charged.

C. Pricing and Special Offers. The pricing of our Services may vary periodically. We cannot guarantee that the price of your Subscription is the lowest available, or historically lowest or best price. You will be charged in accordance with the billing terms you agreed to at the time you signed up. At certain times, we may offer special promotional offers (“Special Offers”) that are billed at a discounted rate. These offers may have a different Free Trial period length, or no Free Trial period. In these cases, you will begin to be billed at the time payment information is collected, or, if a Free Trial is being offered, at the end of the special Free Trial period. Note: in these cases, our typical 30-day or 14-day Free Trials will not apply. These terms will always be disclosed on the payment screen at the time of sign up, prior to our acceptance of payment. In all instances, you will continue to be automatically billed monthly after your Free Trial ends (or immediately if there is no Free Trial).

D. Quarterly and Annual Subscriptions. We may offer Subscriptions to the Vibe Fitness Site or other Services for a longer term (for example, 3 months, 6 months or even a year). These longer-term Subscriptions are charged in full upon purchase, and automatically renew for the same duration as the initial Subscription term you selected (for example, if you initially purchased a 3 month Subscription, your Subscription will automatically renew for three months; 6 month subscriptions will automatically renew for six months, and so on). The amount due for the next renewal term will be due and immediately payable in full and charged as of the first day of such renewal term. For users of the Vibe Fitness Site, you can always cancel before your next renewal term by logging into your account, and following the cancellation instructions below (“How to Cancel”). This must be done 24 hours before the end of a free trial or subscription period to avoid being charged. The cancellation will take effect the day after the last day of the current subscription period. 

E. Changes to experiencevibefitness.com Subscription Fees; Vibe Fitness may increase its subscription fee for the Vibe Fitness Site effective the first day of a billing renewal by giving you notice of the new fees at least thirty (30) days before you are billed. If you have and do not cancel your subscription, you will be deemed to have accepted the new fees.

F. How to Cancel. If you are using the Vibe Fitness Service through the Vibe Fitness Site and you do not wish for your account to renew automatically, or if you want to change or terminate your subscription, email support@experiencevibefitness.com

MEMBER INTERACTIONS, DEALINGS WITH THIRD PARTIES

A. Interaction When interacting with other Vibe Fitness members, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other people you don’t know. Your participation, correspondence or personal or business dealings with any third party found on or through the Vibe Fitness Service, whether regarding payment or delivery of specific goods and services, donations or fundraisers, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that Vibe Fitness is not responsible or liable for any loss, damage, injury, or other matters of any sort incurred as the result of such dealings. In addition, when visiting or taking classes at any of our studios, please be advised that Vibe Fitness is not responsible for any lost or stolen items and that visitors, guests and members are required to adhere to then-current policies in place at that studio and the directions of that studio’s employees and representatives.

B. Indemnification You agree to indemnify, defend, and hold harmless Vibe Fitness and its directors, officers, employees, and agents, from and against all claims, damages, losses and costs that arise from or relate to (i) your activities on the Vibe Fitness Service, (ii) any User Content submitted by or on behalf of you or (iii) your violation of these Terms.

C. Third Party Software and applications Downloading and/or installing any third party software and/or applications that are not expressly authorized by Vibe Fitness on any Vibe Fitness hardware constitutes a breach of these Terms; any such downloading or installation is done at your own risk and may void any applicable warranty or support commitments by Vibe Fitness.

D. Third Party Links and Content There may be links on the Vibe Fitness Service that let you leave the particular Vibe Fitness Service you are accessing in order to access a linked site that is operated by a third party. Vibe Fitness neither controls nor endorses these sites, nor has Vibe Fitness reviewed or approved the content that appears on them. Vibe Fitness is not responsible for the legality, accuracy or inappropriate nature of any content, advertising, products or other materials on or available from any such third party sites. You acknowledge and agree that Vibe Fitness is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the access or use of any of the links, content, goods or services available on or through these third party sites.

NO WARRANTIES

Vibe Fitness reserves the right to modify the Vibe Fitness Service, including, but not limited to updating, adding to, enhancing, modifying, removing or altering any Content or features of the Vibe Fitness Service, at any time, in its sole discretion. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the Vibe Fitness Service. Vibe Fitness has no obligation to screen or monitor any Content and does not guarantee that any Content available on the Vibe Fitness Service is suitable for all users or that it will continue to be available for any length of time.

Vibe Fitness provides the Vibe Fitness Service on an “AS IS” and “AS AVAILABLE” basis. You therefore use the Vibe Fitness Service at your own risk. Other than as expressly provided in writing by Vibe Fitness in connection with your purchase of a Vibe Fitness product, to the extent permitted by law, Vibe Fitness expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, quiet enjoyment and any other warranty that might arise under any law. Without limiting the foregoing, Vibe Fitness makes no representations or warranties:

• That the Vibe Fitness Service is or will be permitted in your jurisdiction;
• That the Vibe Fitness Service will be uninterrupted or error-⁠free;
• Concerning any Content, including User Content;
• Concerning any third party’s use of User Content that you submit;
• That the Vibe Fitness Service will meet your personal or professional needs;
• That Vibe Fitness will continue to support any particular feature of the Vibe Fitness Service.
• Concerning sites and resources outside of the Vibe Fitness Service, even if linked to from the Vibe Fitness Service.
• To the extent that another party may have access to or view Content on your device, you are solely responsible for informing such party of all disclaimers and warnings in these Terms. 
• TO THE EXTENT ANY DISCLAIMER OR LIMITATION OF LIABILITY DOES NOT APPLY, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL APPLICABLE EXPRESS, IMPLIED, AND STATUTORY WARRANTIES WILL BE LIMITED IN DURATION TO A PERIOD OF 30 DAYS AFTER THE DATE ON WHICH YOU FIRST USED THE VIBE FITNESS SERVICE, AND NO WARRANTIES SHALL APPLY AFTER SUCH PERIOD.

LIMITATION OF LIABILITY

To the fullest extent permitted by law: (i) Vibe Fitness shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, economic or pure economic losses, goodwill, use, data, service interruption, computer damage, system failure, inability to use the Vibe Fitness Service or Content or other intangible losses, even if a limited remedy set forth herein is found to have failed its essential purpose; and (ii) Vibe Fitness’s total liability to you for all claims, in the aggregate, will not exceed the amount actually paid by you to Vibe Fitness over the 12 months preceding the date your first claim(s) arose. If you live in a jurisdiction that does not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation does not apply to you. To the extent that one or any aspect of Vibe Fitness’s limitations set out above does not apply, all remaining aspects survive. The exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between Vibe Fitness and you.

SAFETY WARNING

THE VIBE FITNESS SERVICE OFFERS HEALTH AND FITNESS INFORMATION AND IS DESIGNED FOR EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY. YOU SHOULD CONSULT YOUR PHYSICIAN OR GENERAL PRACTITIONER BEFORE BEGINNING A NEW FITNESS PROGRAM. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN, GENERAL PRACTITIONER OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTHCARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE VIBE FITNESS SITE OR HEARD ON THE VIBE FITNESS SERVICE. THE USE OF INFORMATION PROVIDED THROUGH THE VIBE FITNESS SERVICE IS SOLELY AT YOUR OWN RISK AND IS NOT MEDICAL OR HEALTHCARE ADVICE.

NOTHING STATED OR POSTED ON THE VIBE FITNESS SITE OR AVAILABLE THROUGH ANY VIBE FITNESS SERVICE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THESE TERMS, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. THE VIBE FITNESS SERVICE IS CONTINUALLY UNDER DEVELOPMENT AND, TO THE FULL EXTENT PERMITTED BY LAW, VIBE FITNESS MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT THE HEALTH, FITNESS AND NUTRITIONAL ADVICE THAT APPEARS HERE. NO ASSURANCE CAN BE GIVEN THAT THE ADVICE CONTAINED IN THE VIBE FITNESS SERVICE WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.

In becoming a user of Vibe Fitness with the intent of using the Vibe Fitness Service, you affirm that either (A) all of the following statements are true: (i) no physician or general practitioner has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician or general practitioner; (ii) you have never felt chest pain when engaging in physical activity; (iii) you have not experienced chest pain when not engaged in physical activity at any time within the past month; (iv) you have never lost your balance because of dizziness and you have never lost consciousness; (v) you do not have a bone or joint problem that could be made worse by a change in your physical activity; (vi) your physician or general practitioner is not currently prescribing drugs for your blood pressure or heart condition; (vii) you do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems; and (viii) you do not know of any other reason you should not exercise; or (B) your physician or general practitioner has been specifically consulted by you and approved of your use of the Vibe Fitness Service.

If applicable, you further affirm that (a) you are not pregnant, breastfeeding or lactating; unless (b) your physician or general practitioner has been specifically consulted and approved your use of the Vibe Fitness Service.

Vibe Fitness reserves the right to refuse or cancel your membership if we determine that you have certain medical conditions or that the representations set forth above are untrue in any respect.

COMMUNITY GUIDELINES; USER CONDUCT

Vibe Fitness offers you the ability to submit or post User Content through certain of its Services, including through social features available within certain applications and site, provided such submission or transmission of User Content is in strict compliance with these terms. For the purposes of this Agreement, “User Content” means video, images, text, comments, audio recordings and other content, that you upload, post or transmit (collectively “submit”) to the Service.

A. Guidelines. Vibe Fitness gives you the ability to submit User Content in order to create a community experience where our users can encourage, support and motivate one other.

You agree to follow these guidelines when submitting User Content:

SUPPORT — For any support related questions or issues that require help beyond what we can offer in this Agreement, please contact our Customer Support team at support@experiencevibefitness.com for the fastest response.

BE CONSIDERATE— Please be respectful and courteous to the members of this group. 

FEEDBACK — We welcome constructive feedback (both positive and negative) on your Vibe Fitness experience and ask that you contact us directly at support@experiencevibefitness.com so that we can be sure we hear your thoughts on our Service and strive to improve.

REPORTING POSTS — If you notice any User Content that you believe to be in violation of this Agreement, or spam, report it to the administrators at support@experiencevibefitness.com.

B. Restrictions. You may not submit any User Content that: * Infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.); * Contains sexually explicit content or pornography (provided, however, that non-sexual nudity is permitted); * Contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group; * Advocates harassment or intimidation of another person; * Exploits minors; * Depicts unlawful acts or extreme violence; * Contains video, audio, photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian); * Depicts animal cruelty or extreme violence towards animals; or * Contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices.

C. User Content Screening and Disclosure. We do not, and cannot, pre-screen or monitor all User Content. However, Vibe Fitness has the right (but not the obligation) to monitor your conduct and User Content submission on our Service and you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning your submission of any User Content. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, remove, disallow, block or delete any User Content. Under no circumstances will Vibe Fitness be liable for any of your User Content. You shall be solely responsible for any User Content submitted through your account.

We may access, preserve or disclose any of your information or User Content (including without limitation chat text) if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against us or to comply with legal process (for example, subpoenas or warrants), including those issued by courts having jurisdiction over us or you; (ii) enforce or administer our agreements with users, such as this Agreement; (iii) for fraud prevention, risk assessment, investigation, customer support, providing the app services or engineering support; (iv) protect the rights, property or safety of Vibe Fitness, its users, or members of the public or (v) to report a crime or other offensive behavior.

D. Objectionable Content. Vibe Fitness may also act to remove Objectionable Content. The decision to remove Objectionable Content shall be made at Vibe Fitness’s sole discretion. “Objectionable Content” includes, but is not limited to: 1. User Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, or libelous, 2. User Content that is hateful, or advocates hate crimes, harm or violence against a person or group, 3. User Content that may harm minors in any way; 4. User Content that has the goal or effect of “stalking” or otherwise harassing another 5. Private information about any individual such as phone numbers, addresses, Social Security numbers or any other information that is invasive of another’s privacy; 6. User Content that is vulgar, offensive, obscene or pornographic, 7. Unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; 8. Material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

E. Social Features. Vibe Fitness may provide opportunities for you to submit User Content through social features on its Site. These are intended to be a community-based venue for Vibe Fitness users to chat, interact, motivate and support one another. F. As between you and Vibe Fitness, you own all User Content that you submit to the Vibe Fitness Service, whether directly via the Vibe Fitness Service or indirectly (for example, via Facebook or Twitter). However, it is important that you understand that by posting User Content to Vibe Fitness, you are granting Vibe Fitness and its affiliates a worldwide, perpetual, irrevocable, non- exclusive, sub-licensable (through multiple tiers) royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your User Content (including without limitation, your name and likeness, photographs and testimonials) for any purpose whatsoever commercial or otherwise without compensation to you. In addition, you waive any so-called “moral rights” or “performance rights” in your User Content.

F. You further grant all users of the Vibe Fitness Service permission to view your User Content for their personal, non-commercial purposes. If you make suggestions to Vibe Fitness on improving or adding new features to the Vibe Fitness Service, Vibe Fitness shall have the right to use your suggestions without any compensation to you.

G. For each piece of User Content that you submit, you represent and warrant that: (i) you have the right to submit the User Content to Vibe Fitness and grant the licenses set forth above; (ii) Vibe Fitness will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the User Content does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (iv) the User Content complies with this Agreement and all applicable laws.

CODE OF CONDUCT AND PROHIBITED ACTIVITIES

In using the Vibe Fitness Service, you must behave in a civil and respectful manner at all times. Further, you will not and it is strictly prohibited to:

• Act in a deceptive manner by, among other things, impersonating any person;
• Harass or stalk any other person; harm or exploit minors;
• Distribute “spam”;
• Promote information that is false or misleading, or promote illegal activities or conduct that is defamatory, libelous or otherwise objectionable;
• “Frame” or “mirror” any part of the Service or the Site;
• Use meta tags or code or other devices containing any reference to Vibe Fitness, the Site or the Service (or any trademark, trade name, service mark, logo or slogan of Vibe Fitness) to direct any person to any other website for any purpose;
• Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or the Site or any software used on or for the Service or the Site, or cause others to do so;
• Post, use, transmit or distribute, directly or indirectly, (e.g. screen scrape) in any manner or media any content or information obtained from the Site or the Service other than solely in connection with your use of the Service in accordance with this Agreement.
• Collect information about others;
• Advertise or solicit others to purchase any product or service within the Vibe Fitness Site;
• Promote fraudulent schemes, multi-level marketing (MLM) schemes, get rich quick schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-making ventures;
• Publicize or promote commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
• Participate in any activity that in any way violates any law; or
• Access or use the Site and Service (including any Add-on Service or application available through a mobile or set- top device) from the European Economic Area.

Vibe Fitness reserves the right, in its sole discretion, to investigate and take appropriate legal action against anyone who violates this Agreement, including removing the offending communication from the Site or Service and terminating or suspending the membership of such violators.

Your use of the Site and Service must comply with all applicable laws and regulations. You agree that Vibe Fitness may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service or allow you to use the Site in the future; or (v) protect the rights, property or personal safety of the Company or any other person.

INTELLECTUAL PROPERTY 

You acknowledge that the Vibe Fitness Service contains software and other content that is protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Vibe Fitness-generated content, and content provided to Vibe Fitness by its partners and licensors, is copyrighted individually and/or as a collective work under the U.S. copyright laws and all applicable international copyright (or equivalent) laws in all jurisdictions; further, as between you and Vibe Fitness, Vibe Fitness owns a copyright in the selection, coordination, arrangement and enhancement of all content in the Vibe Fitness Service. Subject to your compliance with these Terms, and solely for so long as you are permitted by us to access and use the Vibe Fitness Service, you may download one copy of the application to any single device for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices, and are in compliance with these Terms. Subject to your compliance with these Terms, and solely for so long as you are permitted by us to access and use the Vibe Fitness Service, Vibe Fitness hereby grants you a limited, revocable, non-exclusive, non-transferable right and license to access and use the content made available on the Vibe Fitness Service for your personal, non-commercial use of the Vibe Fitness Service and for no other purpose whatsoever. Unless otherwise specified, copying or modifying any content or using content for any purpose other than your personal, non-commercial use of the Vibe Fitness Service, including use of any such content on any other website or networked computer environment, is strictly prohibited.

The Vibe Fitness name, logos and affiliated properties, designs and marks are the exclusive property of Vibe Fitness Interactive, Inc. and/or its affiliates, whether registered or unregistered, and may not be used in connection with any product or service that is not ours, or in any manner that is likely to cause confusion as to our endorsement, affiliation or sponsorship of any person, product or service. Nothing contained on the Vibe Fitness Service should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or other intellectual property without our express prior written consent.

Any other trademarks appearing on the Vibe Fitness Service are trademarks of their respective owners. Our partners or service providers may also have additional proprietary rights in the content that they make available through the Vibe Fitness Service. All rights not expressly granted in these Terms are reserved.

COPYRIGHT / DMCA POLICY 

Vibe Fitness respects the intellectual property of others, and we ask our users to do the same. Each user is responsible for ensuring that their User Content does not infringe any third party copyright or other intellectual property rights.

If properly notified that any materials infringe a third party’s copyright, Vibe Fitness will promptly remove such materials from the Vibe Fitness Site in accordance with the U.S. Digital Millennium Copyright Act (“DMCA”), the U.K. Copyright Designs and Patents Act 1988 (“CDPA”), the U.K. Digital Economy Act 2010 (“DEA”), or equivalent laws which are applicable in other jurisdictions. In addition, Vibe Fitness may, when appropriate, terminate the accounts of repeat copyright infringers.

Filing a DMCA, CDPA or DEA Notice (or equivalent legal notice), to Remove Copyrighted Content – for Copyright Holders:

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice containing the following information:

• Your name, address, telephone number, and email address.
• A description of the copyrighted work that you claim has been infringed.
• A description of where on the Vibe Fitness Site the material that you claim is infringing may be found, sufficient for Vibe Fitness to locate the material (e.g., the URL).
• A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law.
• A statement by you UNDER PENALTY OF PERJURY that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
• Your electronic or physical signature.
• You may submit this information, or any counternotice, via:

Email, with the subject line “Copyright Notices” to: support@experiencevibefitness.com

INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES 

Headings are for convenience only and shall not be used to construe these Terms. If any term of these Terms is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from these Terms. No failure or delay by Vibe Fitness in exercising any right hereunder will waive any further exercise of that right. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Vibe Fitness. Vibe Fitness’s rights and remedies hereunder are cumulative and not exclusive.

SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES

These Terms are binding upon and will inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign or transfer these Terms without Vibe Fitness’s prior written consent. Vibe Fitness may assign its rights, obligations and/or these Terms at any time at its sole discretion without notice to you.

NOTICES 

You consent to receive all communications including notices, agreements, disclosures, or other information from Vibe Fitness electronically. Vibe Fitness may communicate by email or by posting to the Vibe Fitness Service. For support-related inquiries, you may email Support. For all other notices to Vibe Fitness, write to the following addresses:

U.S. and Canadian Residents:

Vibe Fitness, Inc.
10945 State Bridge Road, Suite 401-2800
Alpharetta, Georgia 30022
Attn: Legal Department

Nothing in these Terms or otherwise limits Vibe Fitness’s right to object to subpoenas, claims, or other demands.

MODIFICATION

We may update these Terms at any time, in our sole discretion. If we do so, we’ll let you know by, at a minimum, posting the updated Terms (as indicated by a revised “Last Updated” date at the top of this page) on the Vibe Fitness Site and/or through the Vibe Fitness Service. Modifications will be effective on the date that they are posted to the Vibe Fitness Site. It’s important that you review the Terms whenever we update them before you use the Vibe Fitness Service. If you continue to use the Vibe Fitness Service after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you don’t agree to be bound by the updated Terms, then, except as otherwise provided in Section 20(f) “Effect of Changes on Arbitration,” you may not use the Vibe Fitness Service anymore. Because the Vibe Fitness Service is evolving over time we may change or discontinue all or any part of the Vibe Fitness Service, at any time and without notice, at our sole discretion.

ENTIRE AGREEMENT 

These Terms incorporate the following legal documents by reference, as well as any other policies or procedures referenced herein that are posted to the Vibe Fitness Site from time to time:

• Privacy Policy
• Membership Terms
• Warranty
• Return Policy

In the event of a conflict between any policies posted on the Vibe Fitness Service and these Terms, these Terms will control. These Terms represent the entire understanding between Vibe Fitness and you regarding the Vibe Fitness Service or Content and supersede all prior agreements and understandings regarding the same. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

FORCE MAJEURE 

Neither Party shall be liable for any failure or delay in performance under these terms (other than for delay in the payment of money due and payable in accordance with these terms) for causes beyond the party’s reasonable control and not caused by that party’s fault, or negligence, including, but not limited to, “acts of God”, acts of government, flood, fire, civil unrest, acts of terror, strikes or other labour problems, computer attacks or malicious acts, such as attacks on or through the internet, any internet service provider, telecommunications or hosting facility, but in each case, only if and to the extent that the non-performing Party is without fault in causing such failure or delay, and the failure or delay could not have been prevented by reasonable precautions and measures and cannot reasonably be circumvented by the non-conforming Party through the use of alternate sources, workaround plans, disaster recovery, business continuity measures or other means. Dates by which performance obligations are scheduled to be met will be extended for a period of time equal to the time lost due to any delay so caused.

NOTICES

You consent to receive all communications including notices, agreements, disclosures, or other information from Vibe Fitness electronically. Vibe Fitness may provide all such communications by email or by posting them on the Vibe Fitness Service. For support- related inquiries, you may send an email to support@experiencevibefitness.com the following address:

Vibe Fitness, Inc.
10945 State Bridge Road, Suite 401-2800
Alpharetta, Georgia 30022

This Agreement constitutes the entire understanding between Vibe Fitness and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same.