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Effective February 23, 2017

ZEAMO TERMS OF USE

These Terms of Use (these “Terms”) constitute an agreement between you and ZEAMO INCORPORATED (“ZEAMO”) and govern your use of our website at www.ZEAMO.com or the ZEAMO mobile application (collectively, this “Service”). By using this Service, you affirm that you are bound by these Terms.

ZEAMO may modify these Terms at any time. Your continued use of this Service after we post such modifications here, or otherwise notify you of the modifications, will constitute your acceptance of these Terms, as modified, and will apply to your use of this Service following such modification.

If you do not agree to these Terms, including any modifications, you are not authorized to use this Service.

When you use particular features of this Service, we may display additional terms applicable to those features. All such additional terms are incorporated into these Terms.

If you violate these Terms, ZEAMO may terminate your right to use this Service as well as exercise any other rights or remedies available to it at law or in equity.

PRODUCTS AND SERVICES

This Service enables users to reserve, schedule or purchase access passes, classes, gym time or other products or services (collectively, “Fitness Offering(s)”) provided by gyms; health clubs; fitness, sports, athletic or recreational facilities, centers or studios; and other fitness-related providers (each, a “Fitness Facility” and collectively, “Fitness Facilities”). ZEAMO is not a Fitness Facility and does not own, operate or control any of the Fitness Facilities, or provide any of the Fitness Offerings, which are accessible through this Service.

ZEAMO does not guarantee availability of particular Fitness Facilities or Fitness Offerings, and availability will vary from time to time. The type, quantity, allocation and availability of Fitness Offerings offered through this Service are determined by the Fitness Facilities, not by ZEAMO.

ARBITRATION

THESE TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK WITHOUT REFERENCE TO ITS CONFLICT OF LAWS PRINCIPLES. YOU AND ZEAMO AGREE THAT ANY DISPUTE OR ACTION AT LAW OR IN EQUITY ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THIS SERVICE OR ANY FITNESS OFFERING SHALL BE DECIDED BY A SINGLE ARBITRATOR IN AN ARBITRATION CONDUCTED IN NEW YORK, NEW YORK BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”). THE ARBITRATION SHALL BE GOVERNED BY THE COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES OF THE AAA. YOU HEREBY CONSENT AND SUBMIT TO THE JURISDICTION OF SUCH AN ARBITRATION FOR THE PURPOSES RESOLVING ANY DISPUTES. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THIS AGREEMENT TO ARBITRATE, YOU AND ZEAMO ARE EACH AGREEING TO ARBITRATION INSTEAD OF THE RIGHT TO A TRIAL BEFORE A JUDGE OR JURY IN A PUBLIC COURT. IN THE ABSENCE OF THIS AGREEMENT TO ARBITRATE, YOU AND ZEAMO MIGHT OTHERWISE HAVE A RIGHT OR OPPORTUNITY TO BRING DISPUTES IN A COURT, BEFORE A JUDGE OR JURY, AND/OR TO PARTICIPATE OR BE REPRESENTED IN A CASE FILED IN COURT BY OTHERS (INCLUDING CLASS ACTIONS). BY USING THIS SERVICE AND THE PRODUCTS AND SERVICES OFFERED ON THIS SERVICE, YOU ARE ENTERING INTO THIS AGREEMENT TO ARBITRATE, AND YOU GIVE UP THOSE PROCEDURAL RIGHTS. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS THE RIGHT TO APPEAL AND TO CERTAIN TYPES OF DISCOVERY, MAY BE MORE LIMITED IN ARBITRATION. THE RIGHT TO APPELLATE REVIEW OF AN ARBITRATOR’S DECISION IS MUCH MORE LIMITED THAN IN COURT, AND IN GENERAL AN ARBITRATOR’S DECISION MAY NOT BE APPEALED FOR ERRORS OF FACT OR LAW.

YOUR CONDUCT

In using this Service, you agree that you will not:

  1. violate any applicable international, federal, state or local laws, regulations, rules, ordinances, statutes, requirements, codes or orders of any governmental or judicial authorities;
  2. include anything in Your Content (as defined below) (x) that  harmful; threatening; deceptive or misleading; unlawful; harassing; discriminatory; libelous; defamatory; vulgar; pornographic; obscene; in violation of anyone’s right of privacy, publicity or other rights; in violation of any contractual or fiduciary obligations; infringing on any copyrights, trademarks, service marks, trade secrets, patents or other intellectual property rights (collectively, “Intellectual Property Rights”) of any third party; or (y) that otherwise would reasonably be deemed offensive;
  3. impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity or provide inaccurate information;
  4. violate or attempt to violate the security of this Service;
  5. “scrape” information from this Service by automated means;
  6. “deep link” to a webpage other than the homepage of this Service;
  7. “frame” any webpage of this Service; or
  8. reverse engineer, decompile or disassemble any portion of this Service.

YOUR CONTENT

This Service may allow you to post text, graphics, photos, videos or other material (“Your Content”). You are responsible for Your Content, including its legality, reliability, and appropriateness.

By posting Your Content on or through this Service, you represent and warrant that: (i) you own Your Content and have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of Your Content on or through this Service does not violate the privacy rights, publicity rights, contract rights, Intellectual Property Rights or any other rights of any person or entity.

By posting Your Content using this Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute Your Content on and in connection with this Service, including in promotions for this Service. This license includes the right for us to make Your Content available to other users of this Service, who may also use Your Content subject to these Terms.

ZEAMO has the right but not the obligation to monitor and edit Your Content and content provided by other users.

PROPRIETARY RIGHTS

ZEAMO and/or its licensors own the Service, including all graphics, photographs, images, artwork, text, fonts, software and other technology, and the contents, design, layout, functions, appearance and other intellectual property, comprising the Service.  The foregoing ownership rights include all Intellectual Property Rights inherent in or appurtenant to the Service.  You retain all ownership of Your Content.  You agree that you will not take any action, or use the Service in a manner, that jeopardizes or infringes the Intellectual Property Rights of ZEAMO or its licensors.

You may, for your own non-commercial, personal, internal use only, download any information or materials displayed on this Service, provided you also retain all copyright and other proprietary notices contained on the materials. You may not distribute, modify, transmit, reuse, report or use the content of this Service for public or commercial purposes, including the text, images, and/or audio and video, without ZEAMO’s prior written permission. Except as expressly permitted by ZEAMO in writing, no information or materials provided on this Service may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way to third parties.

DMCA NOTICE AND PROCEDURE FOR COPYRIGHT INFRINGEMENT CLAIMS

If you believe that the Service contains content that infringes on your copyright, please send the following information to our copyright agent: Greg Levine at Greg@zeamo.com

  • Your address, telephone number, and email address;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the alleged infringing material is located;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Disclaimers

THIS SERVICE IS MADE AVAILABLE BY ZEAMO “AS IS,” WITHOUT ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED. ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, UNINTERRUPTED USE, ACCURACY OR RELIABILITY, ARE SPECIFICALLY EXCLUDED AND EXPRESSLY DISCLAIMED. ZEAMO MAKES NO WARRANTY THAT THIS SERVICE WILL MEET YOUR REQUIREMENTS. YOU ASSUME ALL RISK AS TO THE QUALITY, ACCURACY, SUITABILITY, AVAILABILITY AND PERFORMANCE OF THIS SERVICE AND ACKNOWLEDGE THAT THIS SERVICE MAY BE CHANGED FROM TIME TO TIME IN THE SOLE DISCRETION OF ZEAMO. ZEAMO DOES NOT REPRESENT OR WARRANT THAT THIS SERVICE WILL BE ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS SERVICE OR ANY SITE REFERRED OR LINKED TO HEREIN IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

FITNESS OFFERINGS ARE OFFERED AND PROVIDED BY THIRD PARTIES (AND THE DESCRIPTIONS OF THE FOREGOING POSTED ON THIS SERVICE ARE PROVIDED BY SUCH THIRD PARTIES), NOT ZEAMO. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, YOUR USE OR ATTENDANCE AT AND PARTICIPATION IN THESE FITNESS OFFERINGS IS SOLELY AT YOUR OWN RISK. IN NO EVENT SHALL ZEAMO BE LIABLE FOR ANY ACT, ERROR OR OMISSION BY ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY WHICH ARISES OUT OF OR IS ANY WAY CONNECTED WITH YOUR USE OF OR PARTICIPATION IN A FITNESS OFFERING, VISIT TO A FITNESS FACILITY, OR THE PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY PROVIDER IN CONNECTION WITH ANY FITNESS OFFERING. ZEAMO IS NOT AN AGENT OF ANY PROVIDER OF FITNESS OFFERINGS.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS SET FORTH IN THESE TERMS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

WAIVER AND RELEASE

You understand that ZEAMO is not a Fitness Facility, and any Fitness Facilities you visit, or Fitness Offerings you purchase or use are operated and delivered by the applicable third party provider and not by ZEAMO. Although ZEAMO endeavors to offer inventory that is of high quality, ZEAMO is not responsible for the quality of any Fitness Facility or Fitness Offering. You understand that there are certain inherent risks and dangers in exercising and that the Fitness Facilities you may attend offer a range of activity and intensity level. By using this Service, you acknowledge and agree, on behalf of yourself, your heirs, personal representatives and/or assigns that you are aware of these risks which include, but are not limited to, property damage, illness and bodily injury or death. You acknowledge that some of these risks cannot be eliminated and you specifically assume the risk of injury or harm. You acknowledge and agree that it is your responsibility to consult with your primary care physician prior to participating and to determine if and how gym use or participating in any class or service is appropriate for you. You also understand and agree that this Service offers health and fitness information that is designed for informational, educational and entertainment purposes only. The use of any of the information provided on this Service is solely at your own risk.

LINKS

This Service may contain links to other websites and/or other third party content. These links are provided solely for your convenience and ZEAMO does not review or monitor any third party websites linked from or to this Service and does not make any representations or warranties with respect to such third party websites. If you decide to access a linked third party website, you do so at your own risk. ZEAMO shall not be responsible for any information, materials or services obtained on or from such other websites and will not be liable in any respect for any damages arising from your access of such websites. The inclusion of these links does not imply any endorsement, representation or warranty by ZEAMO with respect to any such website or the content or services contained through such websites. Furthermore, you agree not to link any websites to this Service without the express prior written consent of ZEAMO.

INDEMNIFICATION

To the fullest extent permitted by law, you release, indemnify, and hold harmless ZEAMO and any of its affiliates, and each of their respective officers, directors, members, employees, consultants, contractors, representatives and agents, and each of their respective successors and assigns, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages and liabilities arising out of or in any way related to your participation in or use of this Service or any Fitness Offerings, including with respect to bodily injury, physical harm, illness, death or property damage.

LIMITATION OF LIABILITY

IN NO EVENT WILL ZEAMO OR ITS AFFILIATES BE LIABLE FOR ANY LOST PROFITS, LOST SAVINGS, LOST DATA, BUSINESS INTERRUPTION, OR OTHER INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR CLAIMS (WHETHER IN CONTRACT, IN TORT, INCLUDING NEGLIGENCE, OR OTHERWISE) ARISING OUT OF OR RELATING TO THIS SERVICE OR THE FITNESS OFFERINGS, OR THE INABILITY TO USE THIS SERVICE.

ZEAMO’S AGGREGATE LIABILITY TO YOU FOR ANY REASON IS LIMITED TO THE LESSER OR YOUR ACTUAL DAMAGES OR THE AMOUNTS, IF ANY, PAID BY YOU FOR FITNESS OFFERINGS VIA THE SERVICE IN THE THREE MONTHS IMMEDIATELY PRIOR TO THE EVENT FIRST GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATIONS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF WHETHER ZEAMO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, ZEAMO’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

FITNESS FACILITY WAIVERS AND TERMS

By using or attending a gym, fitness studio, class, product or service which is offered through this Service, you are deemed to agree to the liability waivers or releases of individual Fitness Facilities. Your use or attendance at any gym or participation in any class or service may be subject to additional policies, rules or conditions of the applicable Fitness Facility and you acknowledge that you may not be permitted to use, reserve or attend gyms, fitness studios, classes or services if you do not comply with these Terms or the policies of the Fitness Facilities. If you have questions about a Fitness Facility’s waiver or other terms, please see the applicable Fitness Facility’s website or contact the Fitness Facility directly.

From time to time, Fitness Facilities may offer promotions to eligible users of this Service. Such promotions must be redeemed and used in accordance with the specific terms of the promotion and may be subject to additional or different terms from those set forth in these Terms. Unless otherwise expressly communicated to you in connection with a promotion, promotions are not transferable, can only be used once, cannot be redeemed for cash, may not be combined with other offers and are void where prohibited.

ELECTRONIC SIGNATURES

You acknowledge and agree that by clicking on the button labeled “CONFIRM PURCHASE,” “SUBMIT”, “DOWNLOAD”, “PLACE MY ORDER”, “I ACCEPT” or such similar links as may be designated by ZEAMO to accept these Terms, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by these Terms. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.

PRIVACY

ZEAMO may collect certain information from you, which allows you to be identified, when you visit or use this Service. ZEAMO’s collection, storage, use, management and sharing of information are governed by our Privacy Policy, which is incorporated into these Terms.

MISCELLANEOUS

No waiver by ZEAMO of any right under or term or provision of these Terms will be deemed a waiver of any other right, term or provision of these Terms at that time or a waiver of that or any other right, term or provision of these Terms at any other time. All references in these Terms to “including” and variations thereof shall be deemed to mean, “including, but not limited to.”  All references in these Terms to “we,” “our” or variations thereof shall be deemed to refer to ZEAMO.  All references herein to “you,” “your” or variations thereof shall be deemed to refer to you. If any provision of these Terms is found to be invalid, unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms constitute the entire agreement between ZEAMO and you relating to the subject matter hereof.

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