Terms of Service

 

JAZZERCISE™ TERMS OF SERVICE

Last Updated: April 16, 2023

Welcome to Jazzercise!

Thanks for using the Jazzercise services (including our In-Studio Classes, On Demand and Live Stream Classes(“Jazzercise On Demand”), Apparel, and Simply Plated program, as well as our websites, web properties and mobile and web-based applications, and any other tools, products, merchandise, or services provided by Jazzercise that link to or reference these Terms of Service) (collectively, the “Services”). The Services are provided by Jazzercise, Inc. (“Jazzercise”, “we,” “our,” or “us”), located at 2460 Impala Dr., Carlsbad, CA 92010, U.S.A.

YOU ACKNOWLEDGE AND AGREE THAT THESE TERMS LIMIT OUR LIABILITY AND THAT YOU ARE RELEASING US FROM VARIOUS CLAIMS IN SECTION 1 BELOW. THESE TERMS ALSO CONTAIN A BINDING ARBITRATION PROVISION IN SECTION 2 THAT AFFECT YOUR RIGHTS UNDER THESE TERMS WITH RESPECT TO THE SERVICES.

1. Introduction

These Terms of Service (“Terms”) are an agreement between Jazzercise and you, a user of our Services.

Please read these Terms carefully. By using our Services, you agree to be bound by these Terms and any policies made available to you within the Services, including our Privacy Policy and Returns Policy. Any new features of our Services, including updates, upgrades, or new services, shall also be subject to these Terms. In addition, some services offered through our Services may be subject to additional terms and conditions that we publish from time to time. If additional terms or conditions are available with or applicable to the relevant Services, then those additional terms become part of your agreement with us if you use those Services. Your use of such services is subject to those additional terms and conditions. You may wish to print or save a local copy of the Terms for your records.

THESE TERMS SET FORTH THE LEGALLY BINDING TERMS FOR YOUR USE OF THE SERVICES. BY ACCESSING, DOWNLOADING, OR USING THE SERVICES, YOU ARE ACCEPTING THESE TERMS AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS. YOU MAY NOT ACCESS OR USE THE SERVICES OR ACCEPT THESE TERMS IF YOU ARE NOT AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS AND/OR USE THE SERVICES.

2. Our Content; Proprietary Rights

Through our Services, we offer, sell, and digitally distribute videos, audiovisual combinations, music, sounds, graphics, photos, and other content, as well as sell products related to that content (“Content”). Using our Services does not give you ownership of any intellectual property rights in our Services or Content. We are the owner or authorized licensee of all information, materials, functions and other Content contained on our Services, and you acknowledge that you are only receiving a limited right to access or use this Content. You may not use Content, except as permitted in these Terms, by its owner, or as otherwise permitted by law. No Content from our Services may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of our Services. We also own any information and data collected by us from you, including without limitation any data regarding your use and viewing of our Services and its Content. We may use such information and data for benchmarking and other service enhancements. These Terms do not grant you the right to use any branding or logos used in our Services, including the Jazzercise name and logo. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services. We will handle and treat any information we collect from you in compliance with our current Privacy Policy.

The name “Jazzercise/Jazzercise On Demand”, “Simply Plated”, and our graphics, logos, designs, page headers, button icons, scripts, and service names are registered and/or common law trademarks, trade names, or trade dress of Jazzercise in the U.S. and/or other countries. These trademarks, trade names, and trade dress may not be used in connection with any product or service in any manner that is likely to cause confusion. We reserve all rights in or to such trademarks, trade names, or trade dress. We respect the intellectual property rights of others and expect our users to do the same. It is our policy, in appropriate circumstances and at our discretion, to disable or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the intellectual property rights of others.

3. Third-Party Links

Our Services may display some Content that is not our own. For example, Content belonging to our advertisers, other third parties, you, or other users (collectively, “Third Party Content”). We are not responsible for, and you waive all of our liability with respect to, Third Party Content, including but not limited to the availability of outside web sites/platforms or resources linked to or referenced on our Services. We do not endorse and are not responsible or liable, directly or indirectly, for any claims that arise from your access or use of any Content, Third Party Content, advertising, products, or other materials on or available from such web sites/platforms. Third Party Content is the sole responsibility of the individual or entity that makes it available to you via the Services. We may review Third Party Content to determine whether it is illegal or violates our policies, and we may remove or refuse to display Third Party Content that we believe violates our policies or the law. But we do not generally review content beforehand, and we are not obligated to do so.

4. Your Account

If you choose to purchase a product or service offered on our Services, you will be asked to create an account and will be prompted to create your own unique user name and password. You must keep your account information secure. If you create your own account, you agree that all registration information you give us will be accurate and current. If your account has been assigned to you by an administrator, such as your employer or educational institution, different or additional terms may apply and your administrator may be able to access or disable your account.

You will timely notify us of any changes to any of the foregoing information. If you need to make any changes to the information that you have provided to Jazzercise, you can only do that by contacting Jazzercise at 1-800-348-4748 or in person at a Jazzercise franchisee location.

You are responsible for controlling access to any PCs, mobile devices, or other end points that you allow to store your Services password, or on which you enable a "Remember Me" or similar functionality ("Activated Device"). You are solely responsible and liable for all activities that occur under your password or Service accounts, including the activities of any individual with whom you share your Services account or an Activated Device. You shall notify us immediately of any breach of security or unauthorized use of your password or account.

To protect your account, keep your password confidential. You are responsible for the activity that happens on or through your account. If you learn of any unauthorized use of your password, please contact us at privacy@jazzercise.com.

In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of our marketing emails by clicking on the “unsubscribe” link in marketing e-mails or texting “Stop” or “Do Not Send” in response to text messages or disabling notifications in the Services’ settings. Please be aware that there may be a brief period before we are able to process your opt-out.

Some of our Services are available on mobile devices or may utilize SMS/iMessage, which may cause you to incur SMS or data charges with your wireless provider. Please be aware that we have no control over these charges, and if you do not wish to be charged, you should stop using the mobile or SMS/iMessage features (as applicable). When you send SMS/iMessage messages using the Services, you represent and warrant you have the recipient’s prior consent to send him or her messages.

5. In-Person Subscription

To the extent you are purchasing tickets for one or more in-person classes, or purchasing a class subscription or membership, for classes at a Jazzercise franchisee location, you hereby agree to all of the terms and condition set forth in this Section 5. You hereby authorize Jazzercise or its designee to charge your credit card account using the above-provided credit card information for the Total Due Today. If you are purchasing a certain number of tickets to in-person classes (i.e. not a subscription), there will be no recurring charges to your payment method. If you are purchasing a subscription or membership, you expressly authorize Jazzercise or its designee to charge your credit card account using the above-provided credit card information for the payments and for applicable taxes, based on the terms of the membership or subscription that you have selected. You hereby affirm that you are legally authorized to use the above provided credit card account.

YOU AGREE TO PAY FOR THE ABOVE CHARGES IN FULL AND WILL INDEMNIFY, DEFEND AND HOLD HARMLESS JAZZERCISE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND FRANCHISEES FROM ANY AND ALL CLAIMS, LOSSES, LIABILITIES, DAMAGES, EXPENSES AND COSTS (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES AND COURT COSTS) THAT ARISE OUT OF THIS AUTHORIZATION AND THESE TERMS.

You understand and agree that:

Upon your initial visit to a Jazzercise franchisee location, you will be required to complete a Jazzercise Health Warranty and Release from Liability prior to participating in a Jazzercise class. If you default on any payments, Jazzercise shall have the right to deem the entire remaining balance to be immediately due and payable upon demand. Any failed/declined credit card charges may be subject to additional processing fees per transaction. This authorization must remain in full force and effect unless and until these Terms expire or unless and until Jazzercise receives written notice, with sufficient time to act, from the Jazzercise franchisee.

JAZZERCISE AND THE JAZZERCISE FRANCHISEE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, AND/OR PUNITIVE DAMAGES, HOWEVER CAUSED, ARISING OUT OF OR RELATED TO ANY WRONGFUL DEBIT TO YOUR ACCOUNT. UPON THE EXPIRATION OF THESE TERMS, THESE TERMS WILL AUTOMATICALLY CONVERT TO A MONTH-TO-MONTH TERM. IT IS YOUR RESPONSIBILITY TO REQUEST CANCELLATION. PLEASE CONTACT THE JAZZERCISE LOCATION FOR CANCELLATION POLICIES/FEES.

Jazzercise reserves the right to terminate these Terms at any time for any reason. If the credit card holder is a different person than the Jazzercise class enrollee, the credit card holder and the Jazzercise class enrollee both will be deemed to have agreed to the terms and conditions of these Terms when “I Accept” is checked, or if you authorized a Jazzercise franchisee to process your subscription and payment. You further understand and agree that:

The Jazzercise classes are taught by instructors of independently owned and operated franchisees of Jazzercise. These instructors are not employees or agents of Jazzercise, Inc. These Terms will be governed by and construed in accordance with the laws of California applicable to contracts entered into and performed entirely therein. You agree and consent that jurisdiction and venue of all matters relating to these Terms will be vested exclusively in the federal, state and local courts within San Diego, California. You hereby waive and release Jazzercise from any and all claims, losses, liabilities, damages, expenses and costs (including, without limitation, attorneys’ fees and court costs) which arise out of or relate to (a) any class offered by Jazzercise franchisees and/or (b) any act or omission of any Jazzercise franchisee.

By checking “I Accept”, or authorizing a Jazzercise franchisee to process your subscription and payment, you hereby agree to all the terms and conditions set forth herein and hereby sign these Terms. You acknowledge that you: (a) have carefully read and reviewed for completeness and accuracy the personal information pertaining to you; (b) grant Jazzercise authority to make the above-referenced purchases using the credit card account listed above; and (c) you understand and agree to the terms stated in these Terms, including, without limitation, the recurring credit card payments.

6. Jazzercise On Demand Cancellation

If you choose to cancel a Jazzercise On Demand subscription service offered on our Services, you must cancel by whichever means or platform from which you purchased by:

a. Cancel (Website):
You can cancel your Jazzercise On Demand subscription at any time by logging into your account at https://ondemand.jazzercise.com. Click on the menu icon in the upper-left hand corner and select My Account. Next, select Mange Subscription. You can then click on Cancel Subscription.

b. Cancel (Apple In-App):
If you subscribed to the Jazzercise On Demand app through the Apple iOS App Store, you will need to cancel your subscription directly through the App Store. To do this, please follow the directions below.

1. Open Settings on your Apple device
2. Select your Apple ID
3. Scroll down to iTunes & App Store
4. Tap on your Apple ID/email address
5. Tap View Apple ID, then enter your Touch/Face ID or password
6. From the Account Settings page, scroll down and tap Subscriptions
7. Choose your Jazzercise On Demand subscription
8. Tap Cancel Subscription. Next, tap Confirm on the Confirm Cancellation pop up.

c. Cancel (Roku):
You'll only need to perform this step if you signed up through Roku. Roku provides specific instructions on how to cancel at the following link: https://support.roku.com/article/208756478-how-do-i-manage-or-cancel-a-channel-subscription-.

d. Cancel (Amazon Fire TV)
You'll only need to perform this step if you signed up through Amazon Fire TV. Amazon provides specific instructions on how to cancel at the following link: https://www.amazon.com/gp/help/customer/display.html?nodeId=G57V745LBUAWDQ78.

e. Cancel (Google Android)
You'll only need to perform this step if you signed up through Android TV or Android Mobile. Google provides specific instructions on how to cancel via the following link: https://support.google.com/androidtv/answer/9461288?hl=en.

You acknowledge, consent, and agree that we may preserve and disclose your account information if required to do so by law or in a good faith belief that such preservation or disclosure is reasonably necessary to comply with a legal process or to enforce these Terms.

If you choose to cancel your monthly subscription in the middle of a billing cycle, you will not be refunded for the month in which you canceled. You will maintain access to the Jazzercise On Demand library until the billing cycle is complete. If you choose to cancel your annual subscription within 90 days of subscribing, we may prorate a refund. If you choose to cancel your subscription after 90 days of subscribing, you will not be entitled to a refund.

7. Eligibility; Age Restriction

Our Services may only be used by individuals who are 18 years and older and who can form legally binding contracts under applicable law. Individuals under the age of 18 must at all times use our Services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In these cases, the supervising adult is responsible for any and all activities conducted on or through our Services. You represent and warrant that you are at least 18 years old, or that you are using our Services under the supervision of an adult parent or legal guardian, and that all registration information you submit is accurate and truthful. We may, in our sole discretion, refuse to offer access to or use of our Services to any person or entity and change our eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Services is revoked in such jurisdictions.

8. Payment Processing; Order Fulfillment

You agree to pay all amounts owed to us for the Services under any terms, policies or other written or electronic agreement we may have in place. To the extent you are purchasing apparel or merchandise on https://shop.jazzercise.com, this Section 8 also applies to you. We may collect fees though our contracted third-party payment processor. When you accept these Terms, you are also agreeing to the applicable payment processor’s terms of service. We may replace our third party payment processor without notice to you. We may require you to maintain valid credit card or other payment account information with our third-party payment processor in order to receive the Services, and if so, you hereby authorize us to charge your credit card or other payment account for the Services. Any failure to maintain valid, up-to-date payment information with our third-party payment processor or to keep your payments current will constitute a material breach of these Terms, for which we may suspend or terminate your access to the Services immediately without notice. Interest will be charged on all unpaid delinquent amounts at the rate of 1.5% per month or the highest rate permitted by applicable law, whichever is lesser. You agree to reimburse us for all collection agency fees, attorneys’ fees and other costs we may incur to collect delinquent amounts you owe to us.

a. Digital Content Services
Our digital content Services (e.g. on-demand video content) are hosted by UScreen, which also processes orders for digital content Services. When you input your credit card information as payment for an order for digital content Services, UScreen directly and securely transmits that information to its third party payment processor, who verifies the credit card and remits the payment to us. Neither we, nor UScreen, ever store your credit card image or number. Sales and use taxes, as applicable by law, will be based on your location and our location and, purchase prices are inclusive of taxes. You will be responsible for paying any applicable taxes relating to your payments and will indemnify and hold harmless Jazzercise and UScreen from your failure to pay any and all taxes, including sales tax, based incorrect information provided by you. If you believe you are entitled to a refund of any taxes, you are solely responsible for such determination.

UScreen also fulfills all orders for digital content by making that content available for viewing. It will inform you of the device and system requirements for accessing this content. You are responsible for completing the digital download, and for all risk of loss of the content after download. You acknowledge that the resolution and quality of the content received will depend on a number of factors, including the type of device on which it is streamed and available bandwidth. While we strive to provide a high-quality viewing experience, neither we, nor UScreen, make any guarantee as to the resolution or quality of the content. Upon receiving an order for any of our products, UScreen will notify us so that we may fulfill the order directly.

9. Sales and Use Taxes

Sales and use taxes, as applicable by law, will be based on your location and our location and, purchase prices are inclusive of taxes. Sales and use tax rates are subject to change and will be applied to your subscription fees as required by your location sales and use tax laws. You will be responsible for paying any applicable taxes relating to your payments and will indemnify and hold harmless Jazzercise and its service providers (including UScreen) from your failure to pay any and all taxes, including sales taxes, based on incorrect information provided by you. If you believe you are entitled to a refund of any taxes, you are solely responsible for pursuing such action.

10. Privacy and Feedback

Our Privacy Policy explains how we treat your personal information and protect your privacy when you use our Services. By using our Services, you agree that we can collect, use, and share data from you as described in our Privacy Policy. We are not responsible for any information or Content that you share with others via your use of the Services . You assume all privacy, security, and other risks associated with providing any information, including personally identifiable information, to other users of the Service.

If you submit feedback or suggestions about our Services, you agree that we may use your feedback or suggestions without obligation to you.

11. Acceptable Use

You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses our Services in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser. You agree to comply with all applicable laws in your use of our Services.

12. Unacceptable Use

Don’t misuse our Services. For example, don’t interfere with our Services, try to access them using a method other than the interface and the instructions that we provide, or extensively or automatically copy any content from the Services (in other words, no scraping). You may use our Services only for your personal non-commercial use, and as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies, if we are investigating suspected misconduct, or for any other reason.

You shall not:

• Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Services;
• remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of the Services or any Content;
• “frame” or “mirror” any portion of the Services, or link to any material other than via the homepage of the URL located at ondemand.jazzercise.com or the URLs provided by us to you for such purposes, without our prior written authorization;
• use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Services; or
• harvest or collect information about or from users of the Services without their express consent and, if such consent is provided, only pursuant to applicable law.

13. Reporting Copyright Infringement

If you are a copyright owner, or are authorized to act on behalf of one, please report alleged copyright infringements taking place on or through our Services by completing the following DMCA Notice of Alleged Infringement and delivering it to our Designated Copyright Agent. In accordance with the Digital Millennium Copyright Act of 1998, we will respond expeditiously to these allegations and take whatever action, in our sole discretion, we deem appropriate, including removal of the challenged material from the Services. The DMCA Notice of Alleged Infringement shall:

1. Identify the copyrighted work that you claim has been infringed.
2. Identify the material you claim is infringing and that is to be removed or disabled and provide information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Services where such material may be found.
3. Provide your mailing address, telephone number, and, if available, email address.
4. A statement that you have a good faith believe the material is not authorized by the copyright owner, its agent or law.
5. Include both of the following statements in the body of the notice:
   • “I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
   • “I hereby state that the information in this notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
6. Provide your full legal name and your electronic or physical signature. Deliver this notice, with all items completed, to our Designated Copyright Agent (our “Designated Agent”) at:
   
   Andrew N Spivak
   Mosaic Legal Group, PLLC
   5185 MacArthur Blvd. NW
   Suite 350
   Washington, DC 20016
   Phone: 202 600-2270
   Email: aspivak@mosaiclegalgroup.com
   With a copy to: privacy@jazzercise.com

Please also note that the information provided in a notice of copyright infringement may be forwarded to the user who posted the allegedly infringing content. After removing material in response to a valid DMCA notice, we will notify the user responsible for the allegedly infringing material that we have removed or disabled access to the material. We will terminate, under appropriate circumstances, users who are repeat copyright infringers, and we reserve the right, in our sole discretion, to terminate any user for actual or apparent copyright infringement.

If you believe you are the wrongful subject of a DMCA notification, you may file a counter-notification with us by providing the following information to the Designated Agent at the address below:

1. The specific URLs of material that we have removed or to which we have disabled access.
2. Your name, address, telephone number, and email address.
3. A statement that you consent to the jurisdiction of U.S. District Court for the Southern District of California, and that you will accept service of process from the person who provided the original DMCA notification or an agent of such person.
4. The following statement: "I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
5. Your signature.

Upon receipt of a valid counter-notification, we will forward it to Notifying Party who submitted the original DMCA notification. The original Notifying Party (or the copyright holder he or she represents) will then have ten (10) days to notify us that he or she has filed legal action relating to the allegedly infringing material. If we do not receive any such notification within ten (10) days, we may restore the material to the Services.

14. About Software in our Services

You may be required to download software (such as a mobile or desktop app) to use the Services or certain features of the Services, and the Services may enable you to access software running on our (or our vendors’) servers (collectively, “Software”). You agree that we retain the ownership of all rights, title, and interest in and to the Software. Certain Software may update automatically on your device once a new version or feature is available, and you consent to such automatic updating.

Jazzercise gives you a personal, non-commercial, worldwide, royalty-free, non-assignable, and non-exclusive license to use the Software to access the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by us, in the manner permitted by these Terms. You may not copy, modify, distribute, sell, or lease any part of our Services or Software, nor may you reverse engineer or attempt to extract the source code of the Services or Software, unless laws prohibit those restrictions or you have our written permission.

There may be software programs contained within certain Software that have been licensed to us by third parties. The term "Software" as used herein shall refer to this third-party software except where the term “Software” is used in the context of our ownership. The same terms and conditions, including all limitations and restrictions, set forth in these Terms apply to each third-party software program contained in the Software. You acknowledge and agree that any third-party components are owned by their applicable licensors. We do not make any representations or warranties about the operation or availability of such third-party software. Neither we, nor our licensors, shall be liable for any unavailability or removal of such third-party software. We are not responsible for any communications to or from such licensors, or for the collection or use of information by such licensors. You consent to the communications enabled and/or performed by such third-party software, including automatic updating of the third-party software without further notice. You agree that such third-party software licensors are intended third-party beneficiaries under these Terms.

15. Modifying and Terminating our Services

We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether, at any time, without any notice or liability.

You can stop using our Services at any time, although we’ll be sorry to see you go. We may also stop providing Services to you, or add or create new limits to our Services, at any time.

16. Health/Medical Disclosure

In addition to lifestyle fitness instructions, activities and classes, Jazzercise provides diet and nutritional counseling services which are solely intended to assist users in their personal fitness and wellness goals and objectives.

Jazzercise is not a medical organization or healthcare provider. Neither it nor its staff can give you medical advice, diagnoses or treatment. The Services, including links to third-party sites and the provision of information or materials by a healthcare or nutrition professional, are for general informational and educational purposes only, and are not meant to be complete or exhaustive, or to be applicable to any specific individual's medical condition or needs, and should not be interpreted as a substitute for consultation, evaluation, or treatment by your medical doctor, nurse practitioner, mental health provider, or nutrition professional (“collectively, your “Healthcare Professional”).

Please consult with your Healthcare Professional regarding diagnosis or treatment options before participating in any nutritional counseling programs, undertaking any weight loss effort or regimen, undertaking any fitness or exercise activity or program, or if you have any actual or suspected health problems or concerns.

The Services are intended for use only by healthy adults and not for minors or individuals with any type of health condition. Such individuals are urged to seek professional medical advice before participating in any nutritional counseling programs, initiating any form of weight loss effort or regimen, or undertaking any fitness or exercise activity or program. We urge all individuals to get periodic medical checkups before, during and after utilizing the Services.

You agree that Jazzercise shall not be liable for any damages resulting from, arising out of, or in any way connected to personal injuries, including death, sustained as a result of your use of the Services, including but not limited to your participation in any diet and/or nutritional counseling services, or any other programs or fitness activities offered by Jazzercise.

17. Warranties and Disclaimers

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS, NEITHER JAZZERCISE NOR ITS LICENSORS, CLASS INSTRUCTORS, SUPPLIERS, ADVERTISERS, OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. OUR CONTENT AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES.

WE DO NOT MAKE ANY WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT YOUR USE OF THE SERVICES MEET YOUR EXPECTATIONS, OR THAT THE SERVICES, CONTENT, OR ANY PORTION THEREOF, IS CORRECT, ACCURATE, OR RELIABLE. WE RESERVE THE RIGHT TO CHANGE ANY PART OF THE SERVICES AT ANYTIME WITHOUT NOTICE. WE ALSO DO NOT MAKE ANY WARRANTIES OR COMMITMENT RELATING TO NON-INFRINGEMENT, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR ERROR-FREE OR UNINTERRUPTED OPERATIONS.

YOU AND YOUR HEIRS, SUCCESSORS, AND ASSIGNS HEREBY FOREVER IRREVOCABLY RELEASE, DISCHARGE, AND HOLD HARMLESS US, OUR AFFILIATES, AND OUR AND THEIR SUCCESSORS AND ASSIGNS, AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (COLLECTIVELY, “RELEASED PARTIES”) FROM, AND AGREE NOT TO SUE ANY RELEASED PARTY FOR, ANY LIABILITIES, CLAIMS, OBLIGATIONS, SUITS, ACTIONS, DEMANDS, EXPENSES, AND DAMAGES WHATSOEVER (COLLECTIVELY, “LIABILITIES”) THAT YOU MAY HAVE AGAINST ANY RELEASED PARTY WHETHER EXISTING NOW OR IN THE FUTURE, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF OR IN CONNECTION WITH YOUR OR A THIRD PARTY’S CONDUCT RELATED TO USE OF THE SERVICES. YOU UNDERSTAND AND ACKNOWLEDGE THAT THE FOREGOING SENTENCE RELEASES AND DISCHARGES ALL LIABILITIES, WHETHER OR NOT THEY ARE CURRENTLY KNOWN TO YOU, AND YOU WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE SECTION 1542. YOU UNDERSTAND THE MEANING OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH READS AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” BY AGREEING TO THESE TERMS AND THIS WAIVER, YOU ASSUME ALL RISK ARISING FROM YET UNKNOWN CLAIMS.

18. Limitation of Liability

TO THE EXTENT NOT PROHIBITED BY LAW, Jazzercise (AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) AND OUR LICENSORS, SUPPLIERS, ADVERTISERS, AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, FINANCIAL LOSSES, REVENUES, LOSS OF DATA OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE OR STRICT LIABILITY), ARISING OUT OF THESE TERMS OR YOUR USE OR INABILITY TO USE OUR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF JAZZERCISE (AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) AND OUR LICENSORS, SUPPLIERS, ADVERTISERS, AND DISTRIBUTORS, FOR ANY AND ALL CLAIMS UNDER THESE TERMS OR RELATING TO YOUR USE OF OUR SERVICES, INCLUDING FOR ANY IMPLIED WARRANTIES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE GREATER OF (A) THE AMOUNT OF FEES PAID BY YOU TO PURCHASE THE CONTENT OR PRODUCTS THAT GAVE RISE TO SUCH LIABILITY, OR (B) $100.

IN ALL CASES RELATING TO PROVIDING YOU THE SERVICES, JAZZERCISE (AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) AND ITS LICENSORS, SUPPLIERS, ADVERTISERS, AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE OR THAT IS DUE TO EVENTS OUTSIDE OF OUR REASONABLE CONTROL, SUCH AS WARS, CRIMINAL ACTIVITIES, STORMS, NATURAL DISASTERS, ACTS OF GOVERNMENT, SUPPLY INTERRUPTIONS, OR TELECOMMUNICATION OR INTERNET FAILURES.

19. Indemnification

You agree to defend, indemnify and hold harmless Jazzercise, its affiliated companies, and its and their predecessors, successors, and assigns, and its and their respective officers, directors, employees, agents, representatives, partners, and contractors from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including but not limited to reasonable attorneys’ fees), resulting from or arising out of your actual or alleged breach of these Terms, any Content you provide through the Services, your misuse of the Services or your violation of any law or the rights of a third party. However, you will not be responsible for claims, damages, and costs which are found by a court of competent jurisdiction to have arisen solely from our violation of applicable law.

20. Business/Employer Uses of our Services

If you are using our Services on behalf of a business or employer, you are accepting these Terms on their behalf, and that business or employer agrees to be bound by these Terms.

21. Termination

These Terms shall take effect on the date you first access or use our Services and shall continue until terminated in accordance with these Terms. You agree that we may, in our sole discretion, suspend, block, or terminate your access to all or part of our Services and any Content, with or without notice, for any reason. Any suspected illegal or fraudulent activity may be referred to appropriate law enforcement authorities.

22. Governing Law; Jurisdiction

These Terms are governed by the laws of California, without regard to its conflicts of law provisions. Any claim or controversy arising out of or related to these Terms shall be instituted in any state court in San Diego County, California or federal court in San Diego County, California. Each party agrees to submit to the jurisdiction of, the State of California and agrees that the venue is proper in such courts in any such legal action or proceeding.

23. Miscellaneous

These Terms and our Privacy Policy constitute the entire agreement between you and Jazzercise. You may not assign or delegate your rights or obligations relating to these Terms or your account in whole or in part without our prior written consent, and any purported assignment in violation of this provision shall be null and void. We may assign these Terms or assign or delegate any of our rights or obligations at any time, or otherwise transfer these Terms and all rights granted hereunder in connection with any corporate reorganization, merger, or sale of all or substantially all of the assets and business to which these Terms relate. These Terms shall be binding upon and inure to the benefit of the parties hereto and their respective heirs and assigns. If any provision of these Terms is determined by a court of competent jurisdiction to be illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect. If there is a conflict between these Terms and any additional terms for a Service, the additional terms will control for that conflict. No waiver of any breach of any provision of these Terms shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

These Terms control the relationship between Jazzercise and you. They do not create any third-party beneficiary rights. If you do not comply with these Terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future). If it turns out that a particular term is not enforceable, this will not affect any other terms.

24. Modifications

We reserve the right to make changes to these Terms or any additional terms that apply to a Service for any reason, for example, to reflect changes to the law or changes to our Services. You should look at the Terms regularly and the “Last Updated” date at the beginning of these Terms, as we will update this page with any such changes and indicating the effective date of those changes. We’ll use reasonable efforts to give you notice of these modifications, such as posting notice of modifications to these Terms on this web page, through the Services, or via email. You acknowledge and agree that it is your responsibility to review these Terms periodically to familiarize yourself with any modifications. By continuing to access and use our Services after those changes become effective, you consent and agree to be bound by the revised Terms. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.

25. Third Party Terms

You agree that in addition to these Terms, your use of our mobile app is subject to the usage rules set forth in Apple’s App Store terms of service, if you download our app from the App Store, or in Google’s Play terms of service, if you download the app from Google Play, or any other third party platform, developer or distributor end-user license agreement and/or terms and conditions by which you agree to be bound when you download our mobile app or otherwise access the Services.

Without limiting the generality of the foregoing, if you downloaded our mobile app from Apple, you and Jazzercise acknowledge and agree to the following: This agreement is concluded between you and Jazzercise only, and not with Apple Inc. (“Apple”). Jazzercise, not Apple, is solely responsible for the app and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the app. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to the app, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Jazzercise’s sole responsibility. Jazzercise, not Apple, is responsible for addressing any claims by you or any third party relating to the app or your possession and/or use of the app, including, but not limited to: (i) product liability claims; (ii) any claim that the app fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. In the event of any third-party claim that the app or your possession and use of the app infringes that third party’s intellectual property rights, Apple will have no responsibility for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. Apple, and Apple’s subsidiaries, are third party beneficiaries of this agreement, and upon your acceptance of the terms and conditions of the agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the agreement against you as a third-party beneficiary thereof.

26. Contact Us

If you have any questions or comments regarding these Terms or our Privacy Policy , you can contact us at: privacy@jazzercise.com

For information about how to contact Jazzercise, please visit our contact page.

27. Binding Arbitration

Without limiting your waiver and release in Section 1, you agree to the following:

a. Purpose. Any and all Disputes (as defined below) involving you and Jazzercise will be resolved through individual arbitration. In arbitration, there is no judge or jury and there is less discovery and appellate review than in court. This Section 2 (the "Arbitration Provision") shall be broadly interpreted. Notwithstanding anything to the contrary in these Terms, this Section 26 does not apply to an action by either party to enjoin the infringement or misuse of its intellectual property rights, including copyright, trademark, patent or trade secret rights.

b. Definitions. The term "Dispute" means any claim or controversy related to the Services or the Software, including but not limited to any and all: (1) claims for relief and theories of liability, whether based in contract, tort, fraud, negligence, statute, regulation, ordinance, or otherwise; (2) claims that arose before these Terms or any prior agreement; (3) claims that arise after the expiration or termination of these Terms; and (4) claims that are currently the subject of purported class action litigation in which you are not a member of a certified class. As used in this Arbitration Provision, " Jazzercise" means Jazzercise and any of its predecessors, successors, assigns, parents, subsidiaries and affiliated companies and each of their respective officers, directors, employees and agents, and “you” means you and any users or beneficiaries of your access to the Services or the Software.

c. Initiation of Arbitration Proceeding/Selection of Arbitrator. The party initiating the arbitration proceeding may open a case with JAMS, formerly Judicial Arbitration and Mediation Services, Inc., (“JAMS”) by visiting its website (www.jamsadr.com) or calling its toll-free number (1-800-352-5267). You may deliver any required or desired notice to Jazzercise by mail to Jazzercise.

d. Right to Sue in Small Claims Court. Notwithstanding anything in this Arbitration Provision to the contrary, either you or Jazzercise may bring an individual action in a small claims court in the area where you access the Services if the claim is not aggregated with the claim of any other person and if the amount in controversy is properly within the jurisdiction of the small claims court.

e. Arbitration Procedures. This Arbitration Provision shall be governed by the Federal Arbitration Act. Arbitrations shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”) as modified by the version of this Arbitration Provision that is in effect when you notify Jazzercise about your Dispute. You can obtain the JAMS Rules from the JAMS by visiting its website (www.jamsadr.com) or calling its toll-free number (1-800-352-5267). If there is a conflict between this Arbitration Provision and the rest of these Terms, this Arbitration Provision shall govern. If there is a conflict between this Arbitration Provision and the JAMS rules, this Arbitration Provision shall govern. If JAMS will not administer a proceeding under this Arbitration Provision as written, the parties shall agree on a substitute arbitration organization. If the parties cannot agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will administer a proceeding under this Arbitration Provision as written applying the JAMS Rules. A single arbitrator will resolve the Dispute. Unless you and Jazzercise agree otherwise, any arbitration hearing will take place in San Diego, CA. The arbitrator will honor claims of privilege recognized by law and will take reasonable steps to protect customer account information and other confidential or proprietary information. The arbitrator shall issue a reasoned written decision that explains the arbitrator’s essential findings and conclusions. The arbitrator’s award may be entered in any court having jurisdiction over the parties only if necessary for purposes of enforcing the arbitrator’s award. An arbitrator’s award that has been fully satisfied shall not be entered in any court.

f. Waiver of Class Actions and Collective Relief. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS ACTION, JOINT OR CONSOLIDATED BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL), OTHER SUBSCRIBERS, OR OTHER PERSONS. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT INDIVIDUAL PARTY’S CLAIM. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

g. Arbitration Fees and Costs. If your claim seeks more than $75,000 in the aggregate, the payment of the JAMS’s fees and costs will be governed by the JAMS Rules. If your claims seek less than $75,000 in the aggregate, the payment of the JAMS’s fees and costs will be Jazzercise’s responsibility. However, if the arbitrator finds that your Dispute was frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), the payment of the JAMS’s fees and costs shall be governed by the JAMS Rules and you shall reimburse Jazzercise for all fees and costs that were your obligation to pay under the JAMS Rules. You may hire an attorney to represent you in arbitration. You are responsible for your attorneys’ fees and additional costs and may only recover your attorneys’ fees and costs in the arbitration to the extent that you could in court if the arbitration is decided in your favor. Notwithstanding anything in this Arbitration Provision to the contrary, Jazzercise will pay all fees and costs that it is required by law to pay.

h. Severability and Waiver of Jury Trial. If any part of subsection (f) of this Arbitration Provision is found to be illegal or unenforceable, the entire Arbitration provision will be unenforceable and the Dispute will be decided by a court. WHETHER IN COURT OR IN ARBITRATION, YOU AND JAZZERCISE AGREE TO WAIVE THE RIGHT TO A TRIAL BY JURY TO THE FULLEST EXTENT ALLOWED BY LAW. If any other clause in this Arbitration Provision is found to be illegal or unenforceable, that clause will be severed from this Arbitration Provision and the remainder of this Arbitration Provision will be given full force and effect.

i. Continuation. This Arbitration Provision will survive the termination or expiration of these Terms.