The following Terms and Conditions (the “Terms”) are applicable to any website and/or good or service offered by Jevo Inc. d/b/a Physique 57 and its current and future affiliates, subsidiaries, successors, assigns, employees, officers, directors, agents, contractors and shareholders, including but not limited to, Jevo NY Inc. (collectively, “Physique 57”, “our”, or “we”), including, but not limited to, the Physique 57 website located at www.physique57.com, and any mobile application or other online communication, feature, service and/or program offered by Physique 57 and/or a customer or user of Physique 57’s website and/or services (collectively, the “Website”). These Terms should be read carefully by you before proceeding.
By accessing or using the Website and/or participating in any of the Physique 57 workout DVDs, Physique 57 Solution Online Classes or other classes offered at a Physique 57 studio location (collectively, the “Classes”), you agree to the following Terms and acknowledge that you have read and fully understand and accept these Terms and represent and agree that your consent is freely and knowingly given. YOU HAVE READ AND VOLUNTARILY CONSENT TO THESE TERMS, INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMERS, MEDICAL INFORMATION, INDEMNIFICATION, RELEASES AND LIMITATION OF LIABILITY CONTAINED IN SECTION 4 HEREIN. If you do not agree to any portion of these Terms, you should not access or otherwise use the Website or attend or participate in any Class.
1. CONVENIENCE AND INFORMATION ONLY. The Website is provided to you as a convenience and for your information only. By merely providing access to the Website, Physique 57 does not warrant or represent that: (a) any materials, documents, images, graphics, logos, design, audio, video and any other information provided from or on the Website (collectively, the “Content”) is accurate or complete; (b) the Content is up-to-date or current; (c) Physique 57 has any obligation to update any Content; (d) the Content is free from technical inaccuracies or programming or typographical errors; (e) the Content is free from changes caused by a third party; (f) your access to the Website will be free from interruptions, errors, computer viruses or other harmful components; and/or (g) any information obtained in response to questions asked through the Website is accurate or complete.
2. SITE USE AND CONTENT. You may view, copy or print pages from the Website solely for personal, non-commercial purposes. You may not otherwise use, modify, copy, print, display, reproduce, distribute or publish any information from the Website without the express, prior, written consent of Physique 57. At any time, we may, without further notice, make changes to the Website and/or to the services described in these Terms. We will make an effort to update this web page with any changes to the services described in these Terms.
3. USER ACCOUNT, PASSWORD AND SECURITY.
(a) USER ACCOUNT. For certain types of features available through the Website, we require the use of encryption technologies provided for your protection and/or your use of a UserID and password after setting up a User Account. We use reasonable precautions to protect the privacy of your UserID, password and User Account information, and all credit card information is collected and transmitted by utilizing a Secure Socket Layer (“SSL”) connection. Accordingly, your credit card information is encrypted using an SSL connection is not expected to be read in an intelligible form as it travels to the Website. You, however, are ultimately responsible for protecting your UserID, password and User Account information from disclosure to third parties, and you are not permitted to circumvent the use of required encryption technologies. You agree to (i) immediately notify Physique 57 of any unauthorized use of your UserID, password or User Account, or any other breach of security, and (ii) ensure that you exit from your User Account at the end of each session. While we provide certain encryption technologies and use other reasonable precautions to protect your confidential information and provide suitable security, we do not and cannot guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions are free from delay, interruption, interception or error.
(b) ACCURATE INFORMATION. In creating and using your User Account on the Website, you agree to: (i) provide true, accurate, current and complete information about yourself on any registration form required on the Website (such information being the “Registration Data”); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if Physique 57 has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, then we have the right to suspend or terminate your User Account and refuse any and all current or future use of your User Account.
(c) NON-TRANSFERABILITY OF USER ACCOUNT. User Accounts and UserIDs are nontransferable, and all users are obligated to take preventative measures to prohibit unauthorized users from accessing the Website with his or her UserID and password.
4. CLASSES: DISCLAIMERS; MEDICAL INFORMATION, INDEMNIFICATION AND RELEASES; PERSONAL PROPERTY; LIMITATION OF LIABILITY.
(a) NO WARRANTIES. YOU EXPRESSLY AGREE THAT THE CLASSES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE CLASSES ARE OR WILL REMAIN UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED. PHYSIQUE 57 DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO PARTICIPATE IN CLASSES AT TIMES OR LOCATIONS OF YOUR CHOOSING. THE ENTIRE LIABILITY OF PHYSIQUE 57 AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE CLASSES WILL BE THE REFUND OF THE PURCHASE PRICE FOR ANY CLASSES FOUND TO BE INADEQUATE.
(b) MEDICAL INFORMATION, INDEMNIFICATION AND RELEASES.
(i) You must be at least 18 years old to use this Website and/or participate in any Class. The Classes, and the fitness, health and nutritional information found on and through this Website, are for educational purposes only. Any physical exercise, including, but not limited to, cardiovascular exercises, dance, running, stretching, walking and weightlifting, all with or without the use of equipment, poses the risk of injury or mental or physical exhaustion. We strongly recommend that you consult your physician before participating in the Classes, or before beginning any new exercise, fitness or nutritional program, regimen or routine, or using any of the exercise equipment featured on this Website or in the Classes.
(ii) We are not a medical organization and our instructors or staff cannot give you medical advice. All encouragement, instruction or suggestion regarding the exercise methods and routines featured on this Website and/or in the Classes are purely optional, and are solely carried out based on your decision to carry them out. Your use of any information provided on the Website or in the Classes is solely at your own risk, and you take all responsibility for determining your mental and physical capacity and limits when participating in physical exercise. You understand that, from time to time instructors may suggest physical adjustments, movements or modifications or the use of equipment, and it is your sole responsibility to determine if any such suggested adjustment, movement or modification or equipment is appropriate for your level of ability and physical and mental condition.
(iii) By visiting the Website with the intent of using the information contained therein and/or participating in the Classes, you affirm that either (A) all of the following statements are true: (1) no physician has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician; (2) you have never felt pain in your chest when engaged in physical activity; (3) you have not experienced chest pain when not engaged in physical activity at any time within the past month; (4) you have never lost your balance because of dizziness and you have never lost consciousness; (5) you do not have a bone or joint problem that could be made worse by a change in your physical activity; (6) your physician is not currently prescribing drugs (for example, water pills) for your blood pressure or heart condition; (7) you do not have a history of high blood pressure, nor does your family have a history of high blood pressure or heart problems; and (8) you do not know of any other reason you should not exercise; or (B) your physician has approved of your use of the information contained on this Website and/or participation in the Classes.
(iv) If you are pregnant, all of the Content on the Website is for information purposes only and is not intended to offer medical advice, or replace the recommendations of your doctor, midwife, or physical therapist. We strongly recommend that you consult your doctor before beginning any exercise program.
(v) BY VISITING THE WEBSITE AND/OR PARTICIPATING IN THE CLASSES, YOU, ON YOUR OWN BEHALF AND ON BEHALF OF THE OTHER MEMBERS OF THE YOUR FAMILY, INCLUDING YOUR SPOUSE, PARENTS, CHILDREN, HEIRS, AND ASSIGNS HEREBY GRANT TO PHYSIQUE 57 THIS FULL RELEASE AND INDEMNIFICATION AS CONSIDERATION IN EXCHANGE FOR PHYSIQUE 57 PERMITTING YOU TO PARTICIPATE IN PHYSIQUE 57’S EXERCISE CLASSES. YOU ARE ENTERING INTO THIS RELEASE AFTER HAVING VIEWED OR HAVING HAD THE OPPORTUNITY TO VIEW THE SITE OF THE CLASSES; HAVING REVIEWED THE INSTRUCTOR’S QUALIFICATIONS; HAVING HAD THE SCOPE OF CLASSES AND THEIR ASSOCIATED RISKS EXPLAINED; AND HAVING HAD AN OPPORTUNITY TO ASK QUESTIONS REGARDING THE CLASSES AND RISKS ASSOCIATED WITH CLASSES. YOU ARE VOLUNTARILY PARTICIPATING IN CLASSES WITH FULL KNOWLEDGE, UNDERSTANDING AND APPRECIATION OF THE RISKS INHERENT IN ANY PHYSICAL EXERCISE AND EXPRESSLY ASSUMES ALL RISKS OF INJURY AND EVEN DEATH THAT COULD OCCUR BY REASON OF YOUR PARTICIPATION. YOU HEREBY RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE PHYSIQUE 57 FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, ACTIONS AND CAUSES OF ACTION WHATSOEVER ARISING OUT OF OR RELATING TO ANY LOSS, EXPENSE, DAMAGES OR INJURY, INCLUDING DEATH, THAT MAY BE SUSTAINED BY YOU, OR TO ANY PROPERTY BELONGING TO YOU, WHETHER CAUSED BY THE NEGLIGENCE OF PHYSIQUE 57, OR OTHERWISE AS A RESULT OF PARTICIPATING IN THE CLASSES. YOU HEREBY ASSUME FULL RESPONSIBILITY FOR ANY AND ALL RISKS OF BODILY INJURY, PROPERTY DAMAGE OR DEATH TO YOU DUE TO THE ORDINARY NEGLIGENCE OR GROSS NEGLIGENCE OF PHYSIQUE 57 AND ITS AGENTS AND THE ORDINARY NEGLIGENCE, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT OF ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, OTHERS PARTICIPATING IN THE CLASSES. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD PHYSIQUE 57 AND ITS AGENTS HARMLESS AT YOUR SOLE COST FROM ANY AND ALL CLAIMS ARISING OUT OF YOUR PARTICIPATION IN THE CLASSES. YOU EXPRESSLY AGREE THAT THE TERMS OF RELEASE AND THE INDEMNITY CONTAINED HEREIN ARE INTENDED TO BE AS BROAD AND INCLUSIVE AS IS PERMITTED BY THE LAWS OF THE STATE OF NEW YORK. ANY PROVISION OF THIS RELEASE FOUND TO BE INVALID BY THE COURTS HAVING JURISDICTION SHALL BE INVALID ONLY WITH RESPECT TO SUCH PROVISION OR PORTION AND ALL OTHER PROVISIONS SHALL REMAIN IN FULL FORCE AND EFFECT. THESE TERMS SUPERSEDE ALL PRIOR DISCUSSIONS AND AGREEMENTS WITH RESPECT TO PHYSIQUE 57’S CLASSES AND SHALL BE INTERPRETED ACCORDING TO THE LAWS OF THE STATE OF NEW YORK WITHOUT REGARD TO CHOICE OF LAW PROVISIONS.
(c) PERSONAL PROPERTY. Any personal property brought to Classes is brought at your sole risk as to its theft, damage, or loss. You agree that Physique 57 is in no way responsible for the safekeeping of your personal belongings while you attend Classes or are otherwise at a Physique 57 location.
(d) LIMITATION OF LIABILITY. IN NO EVENT WILL PHYSIQUE 57 BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR PARTICIPATION IN CLASSES, USE OF THE WEBSITE AND/OR USE OR RECEIPT ANY PRODUCTS OR SERVICES PROVIDED BY US. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS THE LIABILITY OF PHYSIQUE 57 WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
5. WEBSITE: DISCLAIMERS; INDEMNIFICATION.
(a) NO WARRANTIES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE nIS AT YOUR SOLE RISK. THE WEBSITE AND THE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE WEBSITE, THE CONTENT OR ANY SERVICES OFFERED IN CONNECTION WITH THE WEBSITE ARE OR WILL REMAIN UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE WEB PAGES ON THE WEBSITE, OR THE SERVERS USED IN CONNECTION WITH THE WEBSITE, ARE OR WILL REMAIN FREE FROM ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS. PHYSIQUE 57 DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT PHYSIQUE 57 WILL HAVE ADEQUATE CAPACITY FOR THE WEBSITE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. THE ENTIRE LIABILITY OF PHYSIQUE 57 AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY SERVICE OR PRODUCT PROVIDED ON OR THROUGH THE WEBSITE WILL BE THE REFUND OF THE PURCHASE PRICE FOR ANY PRODUCTS OR SERVICES FOUND TO BE INADEQUATE.
(b) WEBSITE INDEMNIFICATION. You agree to defend, indemnify and hold harmless Physique 57 and its directors, officers, employees and agents from and against any and all claims demands, suits, proceedings, liabilities, judgments, losses, damages, expenses and costs (including without limitation reasonable attorneys’ fees) assessed or incurred by Physique 57, directly or indirectly, with respect to or arising out of: (i) your failure to comply with these Terms; (ii) your breach of your obligations under these Terms; and/or (iii) your use of the rights granted hereunder, including without limitation any claims made by any third parties.
7. THIRD PARTY CONTENT.
(a) Physique 57 may provide hyperlinks to other websites maintained by third parties, or Physique 57 may provide third party content on the Website by framing or other methods. THE LINKS TO THIRD PARTY WEBSITES ARE PROVIDED FOR YOUR CONVENIENCE AND INFORMATION ONLY. THE CONTENT ON ANY LINKED WEBSITE IS NOT UNDER PHYSIQUE 57’S CONTROL AND PHYSIQUE 57 IS NOT RESPONSIBLE FOR THE CONTENT OF LINKED WEBSITES, INCLUDING ANY FURTHER LINKS CONTAINED IN A THIRD PARTY WEBSITE. IF YOU DECIDE TO ACCESS ANY OF THE THIRD PARTY WEBSITES LINKED TO THE WEBSITE, YOU DO SO ENTIRELY AT YOUR OWN RISK.
(b) If a third party links to the Website, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with Physique 57. In most cases, Physique 57 is not even aware that a third party has linked to the Website. A third party website that links to the Website: (i) may link to, but not replicate, Physique 57’s Content; (ii) may not create a browser, border environment or frame Physique 57’s Content; (iii) may not imply that Physique 57 is endorsing it or its products or services; (iv) may not misrepresent its relationship with Physique 57; (v) may not present false or misleading information about Physique 57’s products or services; (vi) should not include content that could be construed as distasteful, offensive or controversial; (vii) should contain only Content that is appropriate for all age groups; and (viii) should not knowingly collect information from children without first complying with all applicable laws, rules and regulations.
8. COPYRIGHT AND TRADEMARKS. The trademarks, service marks and logos used and displayed on the Website are Physique 57’s, or its subsidiaries’ or affiliates’, registered and unregistered trademarks. Physique 57 is the copyright owner or authorized licensee of all text and all graphics contained on the Website. All trademarks and service marks of Physique 57, or its subsidiaries or affiliates, that may be referred to on the Website are the property of Physique 57, or one of its subsidiaries or affiliates. Other parties’ trademarks and service marks that may be referred to on the Website are the property of their respective owners. Nothing on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Physique 57’s, or its subsidiaries’ or affiliates’, trademarks, service marks or copyrights without Physique 57’s prior written permission. Physique 57 aggressively enforces its intellectual property rights. Neither the name of Physique 57, its subsidiaries or affiliates, nor any of Physique 57’s other trademarks, service marks or copyrighted materials may be used in any way, including in any advertising, hyperlink, publicity or promotional materials of any kind, whether relating to the Website or otherwise, without Physique 57’s prior written permission, except that a third party website that desires to link to the Website and that complies with the requirements of Paragraph 7(b) above may use the names “Physique 57” in or as part of that link.
10. AVAILABILITY. Information that Physique 57 publishes on the Website may contain references or cross-references to Classes, products, programs or services of Physique 57, its partners, subsidiaries or affiliates that are not necessarily announced or available in your area. Such references do not mean that Physique 57, or any of its partners, subsidiaries or affiliates, will announce any of those products, programs or services in your area at any time in the future. You should contact Physique 57 for information regarding the products, programs and services that may be available to you, if any.
11. COPYRIGHT COMPLAINTS. Physique 57 owns, protects and enforces copyright and other rights in its own intellectual property, and respects the intellectual property rights of others. Materials may be made available on the Website by third parties not within the control of Physique 57. It is our policy not to permit materials known by us to be infringing to remain on the Website. Please notify us promptly if you believe that any materials on the Website infringe on the intellectual property rights of anyone else. Once we receive proper notice of claimed infringement under the Digital Millennium Copyright Act (the “DMCA”), Physique 57 will respond promptly to remove the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content at issue. Notice of alleged infringement must be sent by certified mail and marked “Copyright Infringement” to Physique 57 Customer Service at: 161 Avenue of the Americas, New York, NY 10013, Attn: Natasha Attal.
12. TERMINATION OF SERVICE; CANCELLATION POLICY; RETURN POLICY.
(a) TERMINATION OF SERVICE. We may terminate your account or right to access secured portions of the Website at any time, without notice, for conduct that we believe violates these Terms and/or is harmful to other users of the Website, to Physique 57, to its partners, to the business of the Website’s internet service provider, or to other information providers. We also reserve the right to cancel your membership should you violate any provision of these Terms, or any other posted policy on the Website. If your membership is terminated due to a violation of these Terms, Physique 57 will not reimburse you for the remainder of your payment for the final paid month of your membership, nor will reimbursements be made for membership cancellations prior to your monthly renewal date.
(b) CANCELLATION POLICY.
New York: Reservations for classes after 11:00 a.m. can be cancelled online or by telephone with no charge up to six (6) hours prior to the beginning of class. Reservations for classes 11:00 a.m. and before need to be cancelled 12 hours prior to the beginning of class.
Los Angeles: Reservations for classes after 11am can be cancelled online or by telephone with no charge up to 4 hours prior to the beginning of class. Reservations for classes 11am and before need to be cancelled 12 hours prior to the beginning of class.
Privates and Workshops: Reservations can be cancelled online or by telephone with no charge up to 24 hours prior to the beginning of class.
If a reservation is not cancelled in accordance with the cancellation policy, you will be charged separately for that class.
Clients with unlimited packages who do not cancel their reservations in accordance with the cancellation policy will be charged $26 for the class.
Bridgehampton: Reservations can be cancelled online or by telephone with no charge up to 12 hours prior to the beginning of class.
Privates & Workshops: Reservations can be cancelled online or by telephone with no charge up to 24 hours prior to the beginning of class.
Purchases will not be refunded to your credit card. If a reservation is cancelled early the class is credited to your Physique 57 account to use towards future reservations. Single classes, class packages, unlimited packages, special promotions, workshops and memberships are non-refundable. Unlimited packages cannot be shared amongst clients. If a reservation is not cancelled in accordance with the cancellation policy, you will be charged for that class or workshop. Clients with unlimited packages who do not cancel their reservations in accordance with the cancellation policy will be charged $28 for the class.
Expiration Dates for New York and Bridgehampton: Single classes and 5 class series packages expire two months from date of purchase. 10 class series package expires six months from date of purchase. 20, 40, 75 class series packages and workshops expire one year from date of purchase. Monthly unlimited packages expire 31 days from date of activation. Special promotional packages may have shorter expiration dates.
Expiration Dates for Los Angeles: Single classes expire one month from date of purchase. 5 class series packages expire six months from date of purchase. 10 class series package expires twelve months from date of purchase. Workshops expire one year from date of purchase. Monthly unlimited packages expire 31 days from date of activation. Special promotional packages may have shorter expiration dates.
(c) RETURN POLICY. If your product is damaged or defective we will offer you a full replacement or refund. If you are simply unsatisfied with any product purchased from Physique 57, you have 30 days to return your purchase for a refund of your purchase amount, less shipping & handling. Please contact Customer Service toll-free at 1-888-899-4886 or [email protected] Monday through Friday from 8:00 a.m. to 10:00 p.m. EST, and Saturday from 8:00 a.m. to 6:00 p.m. EST.
13. GOVERNING LAW. These Terms will be governed by the laws of the State of New York, without giving effect to any principles of conflicts of laws. By using or accessing the Website, you agree that any action at law or in equity arising out of or relating to your use of the Website or these Terms will be filed only in the state or federal courts in the State of New York, New York County, and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.
14. LOCAL LAWS. Physique 57 makes no representation that content or materials on the Website are appropriate or available for use in jurisdictions outside the United States. Access to the Website from jurisdictions where such access is illegal is prohibited. If you choose to access the Website from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws. Physique 57 is not responsible for any violation of law. You may not use or export the Content or materials on the Website in violation of U.S. export laws and regulations. You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you reside (if different from the United States).
Your Consent To This Agreement
By accessing and using the Website, you consent to and agree to be bound by the foregoing Terms. If you have additional questions or comments of any kind, or if you see anything on the Website that you think is inappropriate, please let us know by sending your comments to:Physique 57 24 West 57th Street Suite 805 New York, NY 10019 Attn: Customer Care – Website (212) 399-0570 [email protected] Copyright © 2013. Physique 57. All Rights Reserved. EFFECTIVE AS OF: MARCH 15, 2013 LAST UPDATED: MARCH 15, 2013