Agreement between user and www.kulacore.com
Welcome to www.kulacore.com! The www.kulacore.com website (the “Site”) is comprised of various web pages operated by Kula Core, LLC. (“KulaCore”). www.kulacore.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.kulacore.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
Www.kulacore.com is an E-commerce Site. We provide fitness professionals with secure, password-protected membership sites for storing, sharing and and video streaming their fitness routines directly to their client’s computer, laptop, phone or TV. Trainers and clients communicate in real-time. Client’s follow trainer’s direction to perform exercise routines.
The information presented on this Site is in no way intended as medical advice or as a substitute for medical treatment. This Site should only be used in conjunction with the guidance and care of your physician or other qualified health care provider. You are advised to consult your physician before beginning any fitness activity, yoga class, exercise, or program offered through the Site. Nothing stated or presented on the Site is intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health care provider if you have any questions or concerns related to your health, fitness, or general well being. By using this site, you acknowledge and expressly waive and release any claim that you may have at any time for any type of injury against Kula Core, LLC, including and without limitation, all employees, agents, instructors, partners and affiliated businesses (including, but not limited to, all studios and fitness professionals who maintain an account and/or affiliated site with KulaCore).
Visiting www.kulacore.com or sending emails to KulaCore constitues electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your Membership Account
Certain features or services offered on or through the Site may require you to open an account (including setting up a Site ID and password).
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that KulaCore is not responsible for third party access to your account that results from theft or misappropriation of your account. KulaCore and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
All information you include in your Member profile, including without limitation the information in your Billing Account must be accurate, current and complete. If information provided to KulaCore subsequently becomes inaccurate, misleading or false, you will promptly notify KulaCore of such change.
The Site may use “cookies” and other technologies to study traffic patterns on the Site, to customize your experience, and provide greater convenience each time you interact with us. The Site may also gather certain information automatically and store it in log files; such information may include internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data.
KulaCore does not knowingly collect, either online or offline, personal information from persons under the age of thirteen (13). If you are under eighteen (18) years of age, you are prohibited from using this website. By providing information about yourself, you are representing that you are eighteen (18) years of age or older.
All subscription memberships will be renewed automatically until canceled by you. You agree to pay all subscription fees and renewals while the subscription account is still active and until you cancel the account and receive confirmation of such cancellation.
Links to Other Sites
This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under KulaCore’s control, and KulaCore is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites and the handling of information or materials you or others might provide to the Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
You agree not to use the Service to post or otherwise transmit information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content” means the transmission of information, data, text, software, music, sound, photographs, graphics, video, messages, tags or other materials generated by a user) that:
is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person;
exploits people in a sexual or violent manner;
contains nudity, violence, pornography, sexually explicit material or offensive subject matter;
provides any telephone numbers, street addresses, last names or email addresses of anyone other than your own;
promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
violates any intellectual property or other proprietary right of any third party, including Content that promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
solicits passwords or personal identifying information from other Users;
involves commercial activities and/or sales without KulaCore’s prior written consent, such as contests, sweepstakes, barter, advertising, and/or pyramid schemes;
includes a photograph of another person that you have posted without that person’s consent or otherwise constitutes an invasion of an individual’s privacy or infringement of publicity rights;
denigrates, ridicules, or demeans another person; or
contains a virus or other harmful component.
You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Website in a manner that sends more request messages to the KulaCore servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.
Responsibility for Content
You, and not KulaCore, are entirely responsible for all Content that you post, email, transmit or otherwise make available via the website. KualCore does not control the Content posted via the Website and, as such, we do not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that you deem offensive, indecent or objectionable. Under no circumstances will KulaCore be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred at any time as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
Rejection/Removal of Content
You acknowledge that Kula may or may not pre-screen Content posted on the Website, that KulaCore is not responsible for behavior or comments of teachers and/or students and/or music on the website, but that KulaCore shall have the right (but not the obligation) in its sole discretion to pre-screen, edit, refuse, or remove any Content or portion thereof that is available via the Service, for any reason. Without limiting the foregoing, KulaCore shall have the right to remove from the Website any Content that violates this Agreement or is otherwise objectionable in the sole discretion of KulaCore.
If you become aware of misuse of the Service by any person, please contact KulaCore.
Termination or Suspension of Account
You agree that KulaCore may at any time and for any reason, including a period of account inactivity, terminate your access to KulaCore Services, or restrict or suspend your access to all or any part of the Service at any time, for any or no reason, with or without prior notice, and without liability.
Physical exercise, in all of its forms and with or without the use of equipment such as blocks, straps or any other equipment that may be suggested by a KulaCore instructor, is a strenuous physical activity. Accordingly, you are urged and advised to seek the advice of a physician before beginning any physical exercise regimen, routine, program or using any suggested equipment, shown in any of the video clips on the website. KulaCore is not a medical organization and its instructors or staff cannot give you medical advice or diagnosis. All suggestions and comments relating to the use of equipment, poses, moves and instruction are not required to be performed by you and are carried out at your election while viewing KulaCore videos. Nothing contained in this Website should be construed as any form of such medical advice or diagnosis.
By using the Website you represent that you understand that physical exercise involves strenuous physical movement, and that such activity carries the risk of injury whether physical or mental. You understand that it is your responsibility to judge your physical and mental capabilities for such activities. It is your responsibility to ensure that by participating in classes and activities from KulaCore, you will not exceed your limits while performing such activity, and you will select the appropriate level of classes for your skills and abilities, as well as for any mental or physical conditions and/or limitations you have. You understand that, from time to time instructors may suggest physical adjustments or the use of equipment and it is your sole responsibility to determine if any such suggested adjustment or equipment is appropriate for your level of ability and physical and mental condition. You expressly waive and release any claim that you may have at any time for injury of any kind against KulaCore, or any person or entity involved with KulaCore, including without limitation its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates and representatives.
All materials on the Website, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements (collectively, “Material”) are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by KulaCore or by third parties that have licensed or otherwise provided their material to KulaCore. You acknowledge and agree that all Materials on the Website are made available for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere on this Website, no Material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without KulaCore’s prior express written permission. You may not add, delete, distort, or otherwise modify the Material. Any unauthorized attempt to modify any Material, to defeat or circumvent any security features, or to utilize the Website or any part of the Material for any purpose other than its intended purposes is strictly prohibited.
You are solely responsible for your interactions with other Users. KulaCore reserves the right, but has no obligation, to monitor or mediate disputes between you and other Users.
User shall be responsible for obtaining and maintaining all computer hardware, video / audio functionality, internet access and other equipment needed for access to and use of KulaCore and all charges related thereto.
Changes to Terms
KulaCore reserves the right, in its sole discretion, to change the Terms under which www.kulacore.com is offered. The most current version of the Terms will supersede all previous versions. KulaCore encourages you to periodically review the Terms to stay informed of our updates.
KulaCore welcomes your questions or comments regarding the Terms. You may contact us at: firstname.lastname@example.org
Effective as of January 22, 2017