Ownership of the Website and Restrictions on Use of Content
The Website is owned and operated by The Company. The Company has the right at any time to change or discontinue any aspect or feature of the Website, including, without limitation, the content, hours of availability, and equipment needed for access to or use of the Website.
You acknowledge that the Website contains material that is the proprietary and intellectual property of The Company. The content of the Website, as well as the organization, layout, arrangement and design elements of the Website and each individual page of the Website, are the property of The Company and are protected by United States and international copyright, trademark and other applicable laws. Modification or use of the Website and/or content of the Website for any commercial purposes is a violation of law as well as the proprietary rights of The Company. You may not modify, publish, transmit, participate in the transfer of sale of, reproduce, create derivative works from, distribute, perform, display, incorporate into another website, or in any other way exploit the content of the Website without the express written consent of The Company.
Mobile Messaging Terms and Conditions
The Company operates a mobile messaging program.
Program Description: By opting in, you agree to receive recurring automated text messages from the Company on the mobile number you provided. Messages may include appointment reminders, customer service notification or updates, account alerts, promotional offers, customer support follow-ups, etc. Consent to receive these messages is not a condition of any purchase.
Message Frequency: You may receive up to 20 messages per month. Message frequency may vary depending on your activity and interactions with us.
Message and Data Rates: Message and data rates may apply. Charges are billed by and payable to your mobile service provider. Please contact your wireless carrier for details about your messaging plan.
How to Opt Out and Get Help: You can unsubscribe the SMS service at any time by replying STOP to any message we send you. After you send STOP, you will receive a one-time confirmation message, and no further messages will be sent. If you want to rejoin, you can sign up again using the original opt-in method or reply START. For help or more information at any time, reply HELP to any of our messages. You can also contact our support team directly at studio@refinedresistance.com.
Carrier Liability Disclaimer. Carriers are not liable for any delayed or undelivered messages.
Intellectual Property Rights
Company Content. The Services, the Website, and its entire contents, features and functionality (including but not limited to all information, class schedules, instructor and staff biographies, exercise and program descriptions, text, displays, images, photographs, video and audio, and the design, selection and arrangement thereof), that we make available to you to allow access to and use of the Services (the “Company Content”) are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Services as described by the Terms of Use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website.
You must not:
Modify copies of any materials from the Website.
Use any illustrations, photographs, video or audio sequences, class descriptions, or any graphics separately from the accompanying text.
Use the Company's name, logos, trade dress, or trademarks, or any confusingly similar mark, without our prior written consent.
Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
Your Content. As between you and the Company, you own all right, title, and interest to Your Content (defined below). Except as otherwise provided in this Terms of Use, we obtain no ownership rights from you to Your Content, including any related intellectual property rights. You consent to our use of Your Content to provide the Services to you and as permitted in our Privacy Policy. In addition, you grant the Company a worldwide, non-exclusive, royalty-free, fully paid, sublicensable, transferable, and irrevocable license to host, store, reproduce, modify for formatting and display, publish, publicly display, publicly perform, and distribute Your Content, and to use your name, username, and likeness in connection with it, for the purpose of operating, promoting, and improving the Services and the Company's business, including on the Website, in studio materials, and on social media. You represent and warrant that you own or have all rights necessary to grant this license, that Your Content is accurate and not misleading, and that Your Content does not infringe or violate the rights of any third party or any applicable law. We may remove or refuse to publish Your Content at any time, for any reason, without notice, and we have no obligation to monitor, store, or return Your Content. For the purpose of this Terms of Use, “Your Content” means any information, text, photographs, video, audio, reviews, feedback, or other materials that you submit to us or post through the Website or the Services in connection with your account or your use of the Services. Your Content does not include your account information.
Services License. As between you and the Company, the Company owns and reserves all right, title, and interest in and to the Services. The Company grants you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the Services solely in accordance with this Agreement and the Company’s Privacy Policy.
Using and Accessing the Services and Account Security
Use of the Services. You may access and use the Services in accordance with these Terms of Use only. You will adhere to all laws, rules, and regulations applicable to your use of the Services. All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Accessing the Services and Fees. You must create an account in order to access the Services. To create an account, you will be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide to create an account is correct, current and complete. You agree that all information you provide to register an account for the Services or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
Fees, Memberships and Class Packages. Prices for classes, class packages, memberships, private sessions, and other Services are as posted on the Website or in the studio at the time of purchase and may change at any time, provided that a change will not apply to a membership term already paid for. All fees are in U.S. dollars and exclusive of applicable taxes, which you are responsible for paying.
Authorization to Charge. By purchasing a membership, class package, or session, you authorize the Company and its payment processor to charge the payment method you provide for all applicable fees, including recurring membership fees, late cancellation fees, no-show fees, and any outstanding balance on your account. You represent that you are authorized to use the payment method provided and agree to keep your payment information current. If a charge is declined, reversed, or charged back, you remain responsible for the amount owed and for any fees we incur, and we may suspend your access to the Services until the balance is paid.
Automatic Renewal. Memberships will automatically renew for a minimum of three (3) months and continue on renewing on a monthly basis until a cancellation request has been emailed to studio@refinedresistance.com no later than fourteen (14) days prior to the next billing charge. If the request is received within fourteen (14) days of the next billing charge, the cancellation will not go into effect until the following charge.
Refunds; Expiration. Except where a refund is required by applicable law, all fees are non-refundable and non-transferable, class packages expire on the terms disclosed at the time of purchase, and unused classes, credits, and membership periods have no cash value and are forfeited on expiration.
Class Cancellation and Late Cancellation Fees. You may cancel a booked class without charge by giving at least six (6) hours' notice through the booking platform for group classes. If you cancel with less than six (6) hours' notice or do not attend a booked class, you forfeit the class credit or are charged the applicable late cancellation or no-show fee disclosed at the time of booking. Private sessions have a twenty-four (24) hour late cancellation policy. We may cancel or reschedule any class, substitute instructors, or close the studio, and our sole obligation in that event is to credit any class you were unable to attend.
Studio Rules and Conduct. You agree to comply with all posted studio rules and with the reasonable directions of our instructors and staff; to arrive on time and not to enter a class after it has begun; to wear appropriate attire; to use apparatus only as instructed and only within your ability; and not to attend while experiencing symptoms of a contagious illness. We may refuse entry to, remove from class, or suspend any person who does not comply, without refund.
Health and Safety; No Medical Advice. The Services are physical exercise services. They are not medical care, physical therapy, diagnosis, or medical advice, and no statement by any instructor or staff member should be relied on as medical advice. You should consult a physician before beginning any exercise program. You are responsible for disclosing to your instructor any injury, physical limitation, pregnancy or postpartum status, or other condition affecting your safe participation, for keeping that disclosure current, and for stopping any exercise that causes pain or discomfort. Participation in classes and use of the studio, its premises, and its apparatus is at your own risk and is additionally governed by the Liability Waiver and Release you sign, which is incorporated into this Agreement by reference. In the event of a conflict between this Agreement and the Liability Waiver and Release with respect to participation in classes or use of the studio, the Liability Waiver and Release controls.
Reservation of Rights. We reserve the right to discontinue or amend the Services, and any service or material we provide on the Website, in our sole discretion without notice, or change or remove features or functionality of the Services from in our sole discretion. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to you.
User Responsibilities. You are responsible for:
Making all arrangements necessary for you to have access to the Services through the Website.
Ensuring that all persons who access the Services through your internet connection are aware of these Terms of Use and comply with them.
You are responsible for all activities that take place using your account, regardless of whether they were undertaken by you, your employees, or a third party. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of the Website using your username, password or other security information.
You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security.
The Company reserves the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
Prohibited Use. You may use the Website and the Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:
In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
To send, knowingly receive, upload, download, use or re-use any material without permission by the Company through its specified uses.
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
Additionally, you agree not to:
Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
Otherwise attempt to interfere with the proper working of the Website.
Termination
We have the right to:
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services or the Website.
Terminate or suspend your access to all or part of the Services, cancel any booking or membership, and remove you from any class, program, or the studio premises, at any time, with or without notice, for any or no reason.
You have the right to terminate your use of the Services for any reason by providing us notice and closing your account for all Services. You remain responsible for all fees incurred through the date of termination.
Upon termination of your account, all of your rights under this Agreement will immediately terminate.
Geography Restrictions
The Company, the owner of the Website and provider of the Services, is based in the state of New Hampshire in the United States. The Services are for use only by persons located in the United States. We make no claims that the Services or any of the content on the Website is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranty
You expressly agree that use of the Website is at your sole risk. Neither The Company, its affiliates, nor any of their respective employees, agents, third party content providers, or licensors warrant that the Website will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of the Website, or as to the accuracy or reliability of any content, information, service, or materials provided through the Website.
The Website is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under applicable law. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, inaccuracy, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of the Website, whether for breach of contract, tortious behavior (including strict liability), negligence, or under any other cause of action. You specifically acknowledge that The Company is not liable for the defamatory, offensive, or illegal conduct of other users or third-parties and that the risk of injury from the foregoing rests entirely with you.
Limitation of Liability
In no event will The Company, or any person or entity involved in creating, producing, or distributing the Website or the content included therein, be liable in contract, in tort (including for its own negligence) or under any other legal theory (including strict liability) for any damages, including, without limitation, direct, indirect, incidental, special, punitive, consequential, or similar damages, lost profits or revenues, loss of use, or similar economic loss, arising out of the use of or inability to use the Website.
Indemnification
You agree to defend, indemnify, and hold harmless The Company and its affiliates and their respective directors, officers, employees, and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses, and expenses (including reasonable attorneys' fees) arising out of or relating to (i) your use of or access to the Services, the Website, or the studio premises, or any information you obtain from the Website or its Content, (ii) any distribution, publication, refusal to publish, deletion, editing or other use of Your Content, (iii) your breach or alleged breach of this Agreement or of any representation or warranty you make in it, (iv) your violation of any applicable law or regulation, (v) your violation of the rights of any third party, including any intellectual property, privacy, or publicity right, (vi) your participation in any class, program, or event, whether in-studio or virtual, and (vii) any actual, prospective or terminated transaction between you and a third party. This indemnity survives termination of this Agreement.
Governing Law
All matters relating to the Services and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New Hampshire without giving effect to any choice or conflict of law provision or rule (whether of the State of New Hampshire or any other jurisdiction).
Waiver and Severability
No waiver by The Company of any term or condition set forth in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of The Company to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.
If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Agreement will continue in full force and effect.
Waiver
No waiver by Service Provider of any of the provisions of this Agreement is effective unless explicitly set forth in writing and signed by Service Provider. No failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from this Agreement operates or may be construed as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
Assignment
You shall not assign this Agreement or delegate or sublicense any of your rights under this Agreement without our prior written consent.
Entire Agreement
This Agreement, including the Terms of Use and Privacy Policy, constitutes the sole and entire agreement between you and The Company with respect to the Website and the Company’s Services, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website and the Services.
Attorneys' Fees
In any action, arbitration, or proceeding to enforce or interpret this Agreement, the prevailing party is entitled to recover its reasonable attorneys' fees, expert fees, and costs, to the fullest extent permitted by applicable law.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted. We last updated the Terms of Use on the date provided at the beginning of the Terms of Use.
Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
