1. Description of Service
We provide the User with a platform to analyze, optimize, and design the workplace and workforce (the "Services").
2. Disclaimer of Warranties
The Application and any other products, services, or technology is provided us on an "as is" and on an "as available" basis. We make no representations or warranties of any kind, express or implied, regarding the use or the results of this Application or the Services in terms of its correctness, accuracy, reliability, or otherwise. Neither Dojo Technologies LLC or its affiliates, successors, assigns and their respective employees, directors and officers shall have any liability for any use of this Application or the Services. Dojo Technologies LLC on behalf of itself and its affiliates, successors, assigns and their respective employees, directors and officers disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, DOJO TECHNOLOGIES LLC OR ITS AFFILIATES, SUCCESSORS, ASSIGNOR THEIR RESPECTIVE EMPLOYEES, DIRECTORS AND OFFICERS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. WE PROVIDE THE SERVICES "AS IS". 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 EXCLUDE ALL WARRANTIES.
3. Limitation of Liability
NEITHER DOJO TECHNOLOGIES LLC NOR ITS AFFILIATES, SUCCESSORS, ASSIGNS NOR THEIR RESPECTIVE EMPLOYEES, DIRECTORS AND OFFICERS SHALL BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF WE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ALL CASES, NEITHER DOJO TECHNOLOGIES LLC NOR ITS AFFILIATES, SUCCESSORS, ASSIGNS NOR THEIR RESPECTIVE EMPLOYEES, DIRECTORS AND OFFICERS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE. ALL INFORMATION PROVIDED THROUGH OUR APPLICATION, OR DIRECTLY THROUGH OUR SERVICE PROVIDERS ARE FOR ENTERTAINMENT PURPOSES ONLY. Business Uses of the Services If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Dojo Technologies LLC, its affiliates, successors, assigns and their respective employees, directors and officers from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys' fees.
Users agrees to indemnify and hold Dojo Technologies LLC, its affiliates, successors, assigns and their respective employees, directors and officers, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of User's use of the Service, the violation of this Agreement, or infringement by User, or other user of the Service using User's computer, of any intellectual property or any other right of any person or entity.
5. Modifications and Interruption to the Service
We reserve the right to modify or discontinue the Service with or without notice to the User. We shall not be liable to User or any third party should we exercise our right to modify or discontinue the Service. User acknowledges and accepts that we do not guarantee continuous, uninterrupted or secure access to our Application and operation of our Application may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
6. Third-Party Sites
7. Disclaimer Regarding Accuracy of Practitioner
Information, analysis, reports, services provided and other information have either been provided by the practitioners. While We make every effort to ensure that the information produce by this Application is accurate; we can make no representations or warranties as to the accuracy or reliability of any information produced by this Application. ALL INFORMATION OBTAINED OR GENERATED BY THIS APPLICATION OR PROVIDERS SHOULD BE USED FOR ENTERTAINMENT PURPOSES ONLY.
8. Governing Jurisdiction of The New York Courts
Our Applications are operated and provided in the State of New York. As such, we are subject to the laws of the State New York, and such laws will govern this Terms & Conditions, without giving effect to any choice of law rules. We make no representation that our Website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State New York.
9. Compliance with Laws
User assumes all knowledge of applicable law and is responsible for compliance with any such laws. User may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
10. Notification of Claimed Copyright Infringement
11. Other Terms
Dojo Technologies LLC's ("us", "we", or "our") operates the Inspire Your Day website ("Website") and its affiliated app (the “App”). This page informs you of our policies regarding the collection, use and disclosure of personal data when you use our Service (as defined in the Terms & Conditions of the Website) and the choices you have associated with that data. We use your data to provide and improve the Service. By using the Service, you agree to the collection and use of information in accordance with this policy. If you choose to use our Service, then you agree to the collection and use of information in relation with this policy. Personal Information that we collect are used for providing and improving the Service.
Personal Information means any information that relates to an identified or identifiable natural person which includes, but is not limited to, the following
First name and last name
Address, State, Province, ZIP/Postal code, City
Cookies and Usage Data.
Usage Data is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit) and includes, but is not limited to, information on how the Service is accessed and used, your computer's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
Cookies are small files stored on your device (computer or mobile device) which may include an anonymous unique identifier.
Information Collection and Use
We collect several different types of information for various purposes to provide and improve our Service to you.
While using our Service, we may ask you to provide us with Personal Information. We may use your Personal Information to contact you with newsletters, marketing or promotional materials and other information that we believe may be of interest to you.
We want to inform you that whenever you visit our Service, we collect information that your browser sends to us and we may collect that is called Usage Data.
We may use and store information about your location ("Location Data"). We use this data to provide features of our Service, to improve and customize our Service.
Use of Data
We use the collected data for various purposes, which may include but not be limited to the following:
To provide and maintain our Service;
To notify you about changes to our Service;
To allow you to participate in interactive features of our Service when you choose to do so;
To provide customer support;
To gather analysis or valuable information so that we can improve our Service;
To monitor the usage of our Service;
To detect, prevent and address technical issues; and
To provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information.
Retention of Data
We will also retain Usage Data for internal analysis purposes.
Transfer of Data
Your information, including Personal Information, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction.
Disclosure of Data
Disclosure for Law Enforcement or Legal Requirements. Under certain circumstances, we may be required to disclose your Personal Information if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency). We may disclose your Personal Information if we believe that such action is necessary to:
a. To comply with a legal obligation;
b. To protect and defend the rights or property of us or our affiliates
c. To prevent or investigate possible wrongdoing in connection with the Service;
d. To protect the personal safety of users of the Service or the public; or
e. To protect against legal liability.
We may employ third-party companies and individuals due to the following reasons to: (i) facilitate our Service; (ii) provide the Service on our behalf; To perform Service-related services; or (iii) o assist us in analyzing how our Service is used. We want to inform our Service users that these third parties have access to your Personal Information. The reason is to perform the tasks assigned to them on our behalf.
We value your trust in providing us your Personal Information, thus we are striving to use commercially acceptable means of protecting it. But remember that no method of transmission over the internet, or method of electronic storage is 100% secure and reliable, and we cannot guarantee its absolute security.
Links to Other Sites
Our Service may contain links to other sites. If you click on a third-party link, you will be directed to that site. Note that these external sites are not operated by us. We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.
Our Services do not address anyone under the age of 13. We do not knowingly collect personal identifiable information from children under 13. In the case we actually discover that a child under 13 has provided us with Personal Information, we immediately delete this from our servers. If you are a parent or guardian and you are aware that your child has provided us with Personal Information, please contact us so that we will be able to do necessary actions.
Your Data Protection Rights under the General Data Protection Regulation (GDPR)
If you are a resident of the European Economic Area (EEA), you have certain data protection rights. We aim to take reasonable steps to allow you to correct, amend, delete or limit the use of your Personal Information.
If you wish to be informed about what Personal Information we hold about you and if you want it to be removed from our systems, please contact us.
In certain circumstances, you have the following data protection rights:
The right to access, update or delete the information we have on you. Whenever made possible, you can access, update or request deletion of your Personal Information directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you.
The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.
The right to object. You have the right to object to our processing of your Personal Information.
The right of restriction. You have the right to request that we restrict the processing of your personal information.
The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.
The right to withdraw consent. You also have the right to withdraw your consent at any time where we relied on your consent to process your Personal Information.
Please note that we may ask you to verify your identity before responding to such requests.
You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).
AGREEMENT OF RELEASE & WAIVER OF LIABILITY
DECLARATIONS: This Agreement is entered into between LulaFit, LLC (“Provider”) and the undersigned (“Client”). The provision of personal training, nutritional counseling, massage therapy or wellness coaching services by Provider to Client, and Client and Provider’s use of any premises, facilities or equipment are contingent upon this Agreement. ASSUMPTION OF RISK: You agree that if you engage in any physical exercise or activity, including personal training, massage therapy, nutritional counseling or wellness coaching or enter any premises or use any facility or equipment on any premise in which we do business for any purpose, you do so at your own risk and assume the risk of any and all injury and/or damage you may suffer, whether while engaging in physical exercise or not. This includes injury or damage sustained while and/or resulting from using any premises or facility, or using any equipment, whether provided to you by Provider or otherwise, including injuries or damages arising out of the negligence of Provider, whether active or passive, or any of Provider’s affiliates, employees, agents, representatives, successors, and assigns. Your assumption of risk includes, but is not limited to, your use of any exercise equipment (mechanical or otherwise), sports fields, courts, or other areas, locker rooms, sidewalks, parking lots, stairs, pools, whirlpools, saunas, steam rooms, lobby or other general areas of any facilities, or any equipment. You assume the risk of your participation in any activity, class, program, instruction, or event, including but not limited to weightlifting, walking, jogging, running, aerobic activities, aquatic activities, tennis, basketball, volleyball, racquetball, or any other sporting or recreational endeavor. You agree that you are voluntarily participating in the aforementioned activities and assume all risk of injury, illness, damage, or loss to you or your property that might result, including, without limitation, any loss or theft of any personal property, whether arising out of the negligence of Provider or otherwise.
RELEASE: You agree on behalf of yourself (and all your personal representatives, heirs, executors, administrators, agents, and assigns) to release and discharge
Provider, the Owner of the building, Silverstein Properties, Inc. and their respective affiliates, related entities, employees, agents, representatives, successors, and assigns (the “Indemnitees”) from any and all claims or causes of action (known or unknown) arising out of the negligence of Provider, whether active or passive, or any of Provider’s affiliates, employees, agents, representatives, successors, and assigns. This waiver and release of liability includes, without limitation, injuries which may occur as a result of (a) your use of any exercise equipment or facilities which may malfunction or break, (b) improper maintenance of any exercise equipment, premises or facilities, (c) negligent instruction or supervision, including personal training, (d) negligent hiring or retention of employees, and/or (e) slipping or tripping and falling while on any portion of a premises or while traveling to or from personal training, including injuries resulting from Provider’s or anyone else’s negligent inspection or maintenance of the facility or premises.
INDEMNIFICATION: By execution of this agreement, you hereby agree to indemnify and hold harmless the Indemnitees from any loss, liability, damage, or cost and of the Indemnitees may incur due to the provision of personal training by Provider to you. ACKNOWLEDGMENTS: You expressly agree that the foregoing release, waiver, assumption of risk and indemnity agreement is intended to be as broad and inclusive as permitted by the law in the State of Illinois and the State of New York and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. You acknowledge that Provider offers a service to his/her clients encompassing the entire recreational and/or fitness spectrum. Provider is not in the business of selling weightlifting equipment, exercise equipment, or other such products to the public, and the use of such items is incidental to the service provided by Provider. You acknowledge and agree that Provider does not place such items into the stream of commerce. This release is not intended as an attempted release of claims of gross negligence or intentional acts.
You acknowledge that you have carefully read this waiver and release and fully understand that it is a release of liability, express assumption of risk and indemnity agreement. You are aware and agree that by executing this waiver and release, you are giving up your right to bring a legal action or assert a claim against Provider for Provider’s negligence, or for any defective product used while receiving personal training from Provider.