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Terms and Conditions

Terms of use

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 and the ZEAMO mobile application (collectively this “Service”). By using this Service, you agree that you are bound by these Terms.


ZEAMO may change these Terms at any time. You are responsible for checking these Terms for changes. By using this Service after we post such changes here, or otherwise notify you of the changes, you accept these Terms as with such changes.

You do not have to accept or agree to these Terms; however, if you do not accept these Terms (including any changes) you are not permitted 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 and exercise any other rights or remedies available at law or in equity.

PRODUCTS AND SERVICES

This Service enables users to reserve, schedule, or purchase access passes, Fitness Offerings, 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 accessible through this Service. ZEAMO does not guarantee the availability of particular Fitness Facilities or Fitness Offerings. 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.

The ZEAMO Platform

The ZEAMO platform enables consumers to reserve, schedule, purchase, access and attend a wide range of fitness, recreational and wellness Fitness Offerings (collectively, “Fitness Offering(s)”) offered and operated by fitness studios, gyms, trainers, digital partners, venues or other third parties (collectively, “Venues”). ZEAMO itself is not a gymnasium, place of amusement or recreation, health club, facility, fitness studio or similar establishment and does not own, operate, or control any of the Fitness Offerings offered by or through such facilities.

OPTIONS FOR PARTICIPATION

There are a number of ways to participate in Fitness Offerings through ZEAMO, such as various subscription plans, promotional plans, workouts, and non-subscription purchases. These options consist of different Fitness Offerings, services and features and may be subject to additional and differing conditions, prices, policies, and limitations. We reserve the right to change, terminate, or otherwise modify the offered options and plans at any time in our discretion. From time to time we may permit non-subscribers to access certain Fitness Offerings, content, or features with or without having to pay a fee. With respect to nonsubscribers, ZEAMO makes no commitments and offers no warranties about the quantity, availability, type or frequency of such Fitness Offerings, content, and features and may change, discontinue, remove, or suspend access at any time and for any reason in Our sole discretion.

Subscription Plans

To enjoy full access to the digital on-demand workouts, in-studio Fitness Offerings, and participating gyms, you must sign up for a subscription. A subscription starts on the date that you sign up for it and submit payment via a valid Payment Method (defined below) or reactivate a pre-existing subscription. Unless we otherwise communicate a different time period to you at the time you sign up or otherwise (such as a multi-month commitment plan), each billing cycle is one month in length (a “Subscription Cycle”). Your ZEAMO subscription automatically renews each month, and we will automatically bill the monthly subscription fee to your Payment Method each month, until your subscription is cancelled or terminated. For example, if you purchase your ZEAMO subscription on April 5, your subscription will automatically renew on May 5 (as further explained in “Subscription Cycles,” below). You must provide us with a current, valid, accepted method of payment (“Payment Method”). We may update the accepted methods from time to times. If you add a subscription to your base subscription or if you upgrade or downgrade to a different subscription, all such subscriptions will be governed by these Terms and will continue until canceled or terminated.

On-Demand Workouts & Fitness Offerings

ZEAMO may allow you to access to a variety of audio or video Workouts from your computer or mobile device, via live stream and/or on demand. To access these Workouts, you will need to comply with certain technical and hardware requirements. Certain Workouts may involve your participation through connected devices such as heart rate monitors. If you participate in such Workouts through a connected device, we might collect heart rate and other metrics (e.g., points) to calculate your ranking in a Class leaderboard (if you sync your heart rate monitor to the Site), display a record of your participation, and otherwise provide, learn about, and improve the Site and our services. If you sync your heart rate monitor with the Site to participate in Workouts, you will automatically be part of the leaderboard experience, and other participants in the class will see your profile information (including your profile picture and username) and rank in the class. Additionally, your profile information may appear on our Site and be viewable by other ZEAMO users. For example, ZEAMO may show a weekly leaderboard displaying the profiles of the ten users who have the highest cumulative point totals for the week. If you do not want your profile picture or username to be seen by other ZEAMO users, don’t include any identifying information in your profile, or go to your settings to change it. ZEAMO is not responsible for the accuracy of the heart rate monitor used in connection with the Workouts. The heart rate recommendations and goals provided through these Workouts might not be right for you and it is solely your responsibility to make sure that you participate in the manner and at the intensity level that is medically safe for you; before beginning any exercise programs or activities, you should consult a medical professional to ensure that you may safely engage in such programs or activities. ZEAMO and it’s third-party providers assumes no responsibility whatsoever for any harm or injuries you might suffer because of your use of our site and/or any of the activities and/or programs that we might offer.

Non-Subscription Purchases

ZEAMO may permit you to purchase access, products, services or workouts through the Site, with or without a subscription. You acknowledge and agree that these Terms apply to all purchases you make, and you are responsible to pay the applicable fees, which may change at any time.

CHOICE OF LAW & BINDING 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 all disputes or lawsuits, at law or in equity, arising out of or relating to these terms, your use of this service, or your use of any fitness offering(s) shall be decided solely by a single arbitrator in a binding, nonappealable arbitration conducted in the State, County, and City of New York at 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 IRREVOCABLY CONSENT AND SUBMIT TO THE JURISDICTION OF SUCH AN ARBITRATION FOR THE PURPOSES RESOLVING ALL DISPUTES. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THIS AGREEMENT TO ARBITRATE, YOU AND ZEAMO ARE FOREVER GIVING UP THE RIGHT TO A TRIAL BEFORE A JUDGE OR JURY IN 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).

YOUR CONDUCT

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

  • Harass, threaten, stalk, disrupt or defraud users, members or staff of ZEAMO or Venues or any other person, or otherwise create or contribute to an unsafe, harassing, threatening or disruptive environment;
  • Act in a deceptive or fraudulent manner by, among other things, impersonating another person or access another user’s account or signing up for more than one account;
  • Share ZEAMO passwords with any third party or encourage any other user to do so;
  • Permit anyone outside of your organization to use any classes, workouts or services booked under your own membership, including other members;
  • Reserve or cancel any class directly with a Venue, rather than through the Site;
  • Reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast, use for commercial purposes or otherwise exploit any portion of the Site;
  • Misrepresent the source, identity, or content of information transmitted via the Site, including deleting the copyright or other proprietary rights or notices from any portion of the Site;
  • Upload material (e.g. virus) that is damaging to computer systems or data of ZEAMO or users of the Site or otherwise use the Site in any manner that could damage, disable, overburden, or impair it or interfere with any other party’s use and enjoyment of the Site;
  • Upload copyrighted material that is not your own or that you do not have the legal right to distribute, display, and otherwise make available to others;
  • Upload or send to Site users pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libelous, or otherwise inappropriate content;
  • Decompile, reverse engineer or disassemble the Site, in whole or in part, except as may be permitted by applicable law;
  • Link to, mirror or frame any portion of the Site;
  • Cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Site or unduly burdening or hindering the operation and/or functionality of any aspect of the Site;
  • Attempt to gain unauthorized access to or impair any aspect of the Site or its related systems or networks or interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site;
  • Make unsolicited offers, advertisements, proposals, or send junk mail or “spam” to users;
  • Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Site, any features that prevent or restrict use or copying of any content accessible through the Site, or any features that enforce limitations on the use of the Site or the content therein;
  • Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site;
  • Modify the Site in any manner or form, nor to use modified versions of the Site, including (without limitation) for the purpose of obtaining unauthorized access to the Site;
  • Use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site;
  • Use the Site for or in connection with any purpose that is unlawful or prohibited by these Terms.

ZEAMO reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion

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 full and irrevocable 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. Under no circumstances is ZEAMO obligated to make any use of Your Content.

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 all rights to 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 must 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 must not distribute, modify, transmit, reuse, exploit, 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: Ted Blumberg at tblumberg@blumbergfirm.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.
DISCLAIMER

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 ZEAMOBE 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. ZEAMOIS NOT AN AGENT OF ANY PROVIDER OF FITNESS OFFERINGS.

YOU ACKNOWLEDGE THAT THE USE OF FITNESS OFFERINGS, INCLUDING FACILITIES, EQUIPMENT, SERVICES, AND PROGRAMS, INVOLVES AN INHERENT RISK OF PERSONAL INJURY TO YOU. YOU HEREBY VOLUNTARILY AGREE TO ASSUME ALL RISKS OF PERSONAL INJURY TO YOURSELF AND WAIVE ALL CLAIMS OR ACTIONS THAT YOU MAY HAVE AGAINST ZEAMO, ANY OF ITS SUBSIDIARIES OR OTHER AFFILIATES AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS, INCLUDING, WITHOUT LIMITATION (I) INJURIES ARISING FROM USE OF ANY EXERCISE FACILITIES, EQUIPMENT, AND/OR MACHINES (INCLUDING TANNING BOOTHS), (II) INJURIES ARISING FROM PARTICIPATING IN SUPERVISED OR UNSUPERVISED ACTIVITIES AND/OR PROGRAMS, (III) INJURIES OR MEDICAL DISORDERS RESULTING FROM EXERCISING, INCLUDING HEART ATTACKS, STROKES, HEAT STRESS, SPRAINS, BROKEN BONES, AND TORN OR DAMAGED MUSCLES, LIGAMENTS, OR TENDONS AND (IV) ACCIDENTAL INJURIES.

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 (WHETHER IN CONTRACT OR IN TORT) 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 OF 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 APPLY TO THE MAXIMUM EXTENT PERMITTED BY 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 fullest extent allowed by law, 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 the 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. FURTHERMORE, BY CLICKING ON THAT BUTTON, YOU AGREE TO RECEIVE INFORMATION ABOUT OFFERS AND NEWS FROM ZEAMOREGARDING ITS PRODUCTS AND SERVICES. YOU GRANT THIS CONSENT FOR AN INDEFINITE PERIOD OF TIME, AND YOU CAN WITHDRAW IT AT ANY TIME BY CONTACTING US AT support@zeamo.com.

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. Additionally, you acknowledge that Internet transmissions can never be guaranteed to be completely private or secure. You understand that any information you send to the site may be read or intercepted by others, even if there is a notice that a particular transmission (for example, credit card information) is encrypted.

MISCELLANEOUS

Additional terms and conditions might apply to purchases of services or goods and to specific portions or features of the site, including promotions or other such features. Such additional terms and conditions are made a part of these Terms by this reference. You agree to abide by such other terms and conditions, including, where applicable, representing that you are of sufficient legal age to use or participate in such service or feature.

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.