Website End User License Agreement
This Website and Mobile Application End User License Agreement (the "Agreement") is a binding agreement between you ("End User" or "you") and LubbDubb, Inc., a Delaware corporation ("Company"). This Agreement governs your use of the LubbDubb application (and all related documentation, the "Application"). The Application may provide you with access to Company's website located at http://www.lubbdubb.io/ (the "Website") and products and services accessible thereon (the “Services”), and certain features, functionality, and content accessible on or through the Application may be hosted on the Website (the "Content", and together with the Application, Website, and Services, the “LubbDubb Services”). The Application is licensed, not sold, to you. This Agreement does not convey any rights to you in the LubbDubb Services.
BY USING THE LUBBDUBB SERVICES YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND ANY MODIFICATIONS THAT MAY BE MADE TO THE AGREEMENT FROM TIME TO TIME AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU SHOULD NOT USE THE LUBBDUBB SERVICES.
IF YOU ARE AN INSTRUCTOR OR STUDIO USING THE APPLICATION AND/OR SERVICES TO OFFER CLASSES (EACH OF YOU A “PROVIDER” AND COLLECTIVELY “PROVIDERS”), YOU UNDERSTAND AND AGREE THAT YOU ARE AN END USER OF THE APPLICATION, NOT AN EMPLOYEE, CONTRACTOR OR AGENT OF THE COMPANY, AND THAT YOUR USE OF THE LUBBDUBB SERVICES IS GOVERNED BY THIS AGREEMENT. IF YOU ARE A STUDENT USING THE APPLICATION TO BOOK CLASSES AND SERVICES, YOU UNDERSTAND THAT PROVIDERS ARE NOT THE EMPLOYEES, CONTRACTORS OR AGENTS OF THE COMPANY, AND THAT YOUR USE OF THE LUBBDUBB SERVICES IS GOVERNED BY THIS AGREEMENT.
1. License Grant.
Subject to the terms of this Agreement, and solely during the term of this Agreement, Company grants you a limited, revocable, nonexclusive, nonassignable, nonsublicenseable license to:
- use the LubbDubb Services for your personal use on any of LubbDubb website, or content, or products and/or services made available through LubbDubb (collectively, the “Site”) owned or otherwise controlled by you strictly in accordance with the Application's documentation and this Agreement; and
- access, stream, download, and use on such Site the LubbDubb Services made available in or otherwise accessible through the Application (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent of the Company), strictly in accordance with this Agreement.
2. License Restrictions.
Without limitation of the Company’s rights under this Agreement, you shall not:
- copy the LubbDubb Services, except as expressly permitted by this license;
- modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the LubbDubb Services;
- reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the LubbDubb Services or any part thereof;
- remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the LubbDubb Services, including any copy thereof;
- rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the LubbDubb Services, or any features or functionality of the LubbDubb Services, to any third party for any reason, including by making the LubbDubb Services available on a network where it is capable of being accessed by more than one device at any time; or
- remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the LubbDubb Services.
3. User Warranties.
You hereby represent and warrant to the Company that:
- you have all requisite rights and authority to use the LubbDubb Services under this Agreement and to enter into this Agreement;
- the performance of your obligations under this Agreement will not violate, conflict with, or result in a default under any other agreement, including confidentiality agreements between you and third parties;
- you will use the LubbDubb Services for lawful purposes only and subject to this Agreement;
- you are responsible for all use of the LubbDubb Services by persons accessing the LubbDubb Services through your account;
- you agree that the Company will not be liable for any losses incurred as a result of a third party’s use of the LubbDubb Services associated with your account, regardless of whether such use is with or without your knowledge and consent;
- you will not use the LubbDubb Services in any manner that could damage, disable, overburden or impair the LubbDubb Services, or interfere with use of the LubbDubb Services by others;
- any information submitted to the Company by you is true, accurate, and correct and you agree to update your information as necessary to maintain its truth and accuracy;
- you will not attempt to gain unauthorized access to the LubbDubb Services, other accounts, computer systems, or networks under the control or responsibility of the Company through hacking, cracking, password mining, or any other unauthorized means;
- you agree to immediately notify us of any unauthorized use of your account of which you become aware;
- you are solely responsible for maintaining the confidentiality of your account names and password(s);
- you are not a competitor of the Company and are not using the LubbDubb Services for reasons that are in competition with the Company;
- you will not impersonate another person or misrepresent your affiliation with another person or entity, including using another person’s username, password or other account information or another person’s name, likeness, image or photograph;
- your consent to be bound to any electronic contract with the Company, whether by typing your name, checking a box, pressing a button, clicking through a link, or demonstrating other intent to be bound to such electronic contract, shall create a legal, valid and binding contract enforceable against you in accordance with its terms; and
- by providing a mobile phone number to the Company, (x) you authorize the Company to send SMS/MMS messages to such number relating to the LubbDubb Services, and (y) you are solely responsible for any mobile message or data charges that may be incurred in connection with the receipt of such SMS/MMS messages.
- by providing an email to the Company, (x) you authorize the Company and the providers using LubbDubb Services to send email message to such email relating to the LubbDubb or Providers Services.
4. Payment Terms for Students.
- While using the LubbDubb Services, you may choose to purchase classes through the LubbDubb Services as a “Student”. For any classes that you purchase as a Student, you hereby authorize the Company to charge your credit card, which you will be required to enter into the system the first time you register for a class(es) (each a “Payment” and collectively the “Payments”). You further authorize the Company to credit any refunds to your credit card.
- As a Student, you are responsible for all credit card fees associated with Payments that you make. You will be charged a per Payment service fee of 2.9% of the Payment amount + 30¢ by the payment processor that the Company uses to process Payments. Credit card fees will not be refunded if the provider cancels a class or you choose to cancel a class.
5. Payment Terms for Providers.
- While using the LubbDubb Services offered by the Company as a Provider, you may offer and accept payment for classes through the LubbDubb Services (each a “Provider Payment” and collectively the “Provider Payments”). To receive payments, you must provide the Company (through Stripe Connect) your direct deposit information (to receive payment electronically). By providing direct deposit information, you hereby authorize the Company and its service providers to issue payments by ACH or other electronic means to your bank account.
- No later than 10 business days following completion of a class attended by Students, the Provider must elect (by connecting their bank account to Stripe Connect), and choosing the option to be paid out in their dashboard to have electronic payment equal to (i) the total Student Payments (excluding any credit card fees paid by the Students) received by the Company for Students who booked (and who did not cancel prior to the 24 hour refund period) such class.
- The Company shall be entitled to retain 6% processing fee of the ticket value of each ticket purchased by a student.
- LubbDubb is not responsible for the policies or practices of any Provider. A Provider may decide in their own discretion to decline to allow you to participate in any class for any or no reason. If the reason for the denial of service is (i) that you have you have breached this Agreement or any other agreement with the Company or the Provider or (ii) your behavior or participation in the class could possibly endanger yourself or others, you will not be entitled to any refund. All other refunds for a denial of service will be handled on a case by case basis by contact to email@example.com.
- You are responsible for your behavior both during and after classes. You agree to abide by all Provider rules.
- As a Student, you understand and agree that as a condition of each class sign up, you may be required to sign a waiver form, waiving to the full extent of the law, the liability of the applicable Provider. If you refuse to execute any such waivers, you will be deemed to have cancelled your participation in the class and will not be entitled to a refund.
- As a Provider, you agree that the Company will be a beneficiary and released party under any releases from liability contained in any waiver that you require Students to sign, and you hereby agree that the Company is an express third party beneficiary of any such waiver, with full rights to enforce its terms.
- Assumption of Risk and Release of Liability: I voluntarily desire to participate in physical and rehabilitation and/or exercise or wellness training classes conducted by any of the providers using LubbDubb.
- I agree to the following:I assume full responsibility while voluntarily participating in any classes, on-line or in-person, at my sole risk and shall abide by any rules and regulations of any equipment I choose to use.
- I am aware that there exists the possibility of certain conditions occurring during or following training and/or exercise or wellness. These include, but are not limited to: mild lightheadedness, fainting, abnormalities of blood pressure or heart rate, ineffective heart function and in rare instances, heart attack or stroke. The reaction of the cardiovascular system to such activity cannot be predicated with complete accuracy.
- It is strongly recommended that I receive a medical clearance from my private physician prior to starting an exercise or wellness-training program. Classes are not designed for persons with known heart disease with or without functional impairment.
- I expressly agree that I have been informed that the program involves possible risks and all exercise or wellness classes shall be undertaken at my sole risk and that neither instructor nor LubbDubb, nor the officers, directors, employees or agents of either shall be liable to me nor any other person, for any claims, demands, injuries, damages, actions or causes of action, whatsoever, to my person or property arising out of or connected my services, facilities, and exercise or wellness classes or the Facility where the same is located, and I do hereby release and discharge the instructor and LubbDubb from all claim, demands, injuries, damages, action, or causes of actions and from all acts of active or passive negligence on the part of the instructor or the LubbDubb, their servants, agents or employees.
- It is the participant's responsibility to ensure you have doctor’s clearance to participate in movement-based classes, exercise or wellness and similar activities provided in this subscription. We expect every participant to ensure to create a safe environment and space to workout in to avoid tripping, falling or any kind of injuries. Please keep your instructor informed about any changes in your current health, well-being and other physical, mental or emotional symptoms you might experience before or during the session that may influence your participation in the class. We highly recommend staying hydrated and allowing enough time for rest and recovery between challenging classes.
- You understand and agree that it is your responsibility to ensure a safe space/environment to perform the Activities.
- Additional risks posed by participating in the Activities online, as there is no in-person supervision or space provided for you, and you will therefore need to ensure the safety of the Activities, using your judgment how to best practice them, not pushing yourself too far or attempting anything you feel unsure how to perform.
- Release, Waiver and Indemnity. You hereby release, hold harmless, indemnify and waive any claims against LubbDubb, its members, instructors, directors, officers, contractors, employees, volunteers, agents, executors, administrators, successors, family members and assigns (the “Released Parties”) from any liability and damages arising from death or personal injuries, including the contraction
- Media Release. We think you’re awesome and want to show you off! By being a user of LubbDubb, you agree to grant us the irrevocable right to use your image, likeness, photos, video content, audio recordings captured of you on the premises or participating in the Activities or that you share with us online (via your own or others posting of you) as part of our online streaming, marketing and sales throughout the world and in perpetuity. You also release us from all claims you may have relating to such use. Please let us know If you ever want us to stop using an image of you.
- Continued Agreement. Agreement to this Waiver will act as your continued agreement to all ensuing classes, sessions and/or workshops whether in person, online, or via video conferencing tool.
- General Legal Provisions. Jurisdiction. This Waiver will be governed exclusively by the laws of the State of California. Severability. If any provisions of this Waiver are invalid or unenforceable, the other provisions in the Waiver will remain in full force and effect. Entire Agreement. This Waiver constitutes the entire agreement between the parties and replaces any prior agreements.
- Headings. The headings used in this Waiver are for stylistic purposes only and none of the content in the headings are intended to be legally binding.
- Online Agreement. We agree that this Agreement may be signed electronically or agreed to by having you click “I Agree”, the effect of which will be the same as signing by hand and the intention of which is that both parties desire to be bound by all the terms of the Agreement.
- As part of wellness classes, I may be asked to provide information concerning my physical habits, medical history, moods, energy levels, likes and dislikes, lifestyle and diet. This information is collected to enable the provider to: (i) assess my knowledge of health, (ii) educate me about the benefits of healthy practices and (iii) recommend changes to improve my general health, vitality and overall well-being.
- Provider is in no way liable for my health or safety.
- I hereby accept all risk to my health, including injury or death that may result from such participation and I hereby release the provider and LubbDubb, on my behalf and on behalf of my personal representatives, estate, heirs, next of kin, and assigns from any and all costs, claims, causes of action and damages arising from any and all illness or injury to my person, including my death, that may result from or occur as a result of my participation in the wellness classes, whether caused by negligence or otherwise.
- I understand that any classes I undertake with the LubbDubb classes are undertaken of my own free will. I accept that I am ultimately responsible for my health. I hereby agree to assume full responsibility for any manner of loss, injury, claim or damage whatsoever, known or unknown, incurred as a result of same and I, my heirs, executors, administrators or assigns for any loss, injury, claim or damage sustained as a result of my attendance and/or participation.
- I have read the above release and waiver of liability, and fully understand its contents and voluntarily agree to the terms and conditions stated.
7. Class cancellation policies.
- Student Cancellations. All cancellations must be made through the website. A cancellation made by any other means will not be effective, and you will be charged as if you had attended the class. In the event you cancel your attendance at a class in your capacity as a Student:
- within 24 hours of the start time of the class (the “Class Start Time”), you will not receive any refund for any Payment made for such class.
- more than 24 hours prior to the Class Start Time, you will receive a full refund for the Payment made for such class.
- Instructors or Studio Cancellations, No-Shows and Over-Bookings.
- Cancellations. All cancellations must be made through the website or mobile Application. A cancellation made by any other means will not be effective, and you will be treated as a no-show. In the event you cancel your attendance at a class in your capacity as a Provider:
- No-Shows. If you fail to hold a scheduled class or appear for any reason (including if the studio is unavailable), LubbDubb has the right to terminate your account on a case by case basis.
- Student Refunds. In the event of a Provider cancellation, failure to appear or over-booking, a refund of the applicable Student Payment will be credited to Student’s credit card no later than ten (10) days following the date of cancellation or non-appearance.
- Disputes. In the event of any dispute over whether a cancellation, no-show or over-booking has occurred, the Company may resolve such dispute either in favor of the Student or in favor of the Provider in its sole and absolute discretion.
8. LubbDubb Virtual Studios.
- LubbDubb Virtual Studio: Instructors. LubbDubb has designed Virtual Studios to meet the needs of Students, Instructors and other Wellnesspreneurs.
- For Students: Virtual Studios are a collection of thematic classes, offered throughout the week, which students buy, for a recurring monthly subscription. Virtual Studios enable students to meet their fitness and wellness goals while maintaining relationships with a coordinated set of instructors who have their best interest at heart.
- Cost for Student Subscribers: Unlimited Classes
- $120 per month with 3 month commitment
- $150 per month with 1 month commitment
- $199 per month for a squad of 3 students (Friends and Family Deal)
- From an Instructor perspective, Virtual Studios enable providers to position their offerings to different audiences by cross-listing virtual drop-in classes in collaborative studios with other instructors. Because of the new digital landscape, now a single class can be a part of multiple Virtual Studios.
- Virtual Studio Participation: As an instructor you can join as many virtual studios as you want, if you are invited.
- Monthly Revenue Share: After a Virtual Studio launches, providers are paid monthly based on the students they recruit at this revenue split:
- 75% (Provider)
- 25% (LubbDubb)
- To recruit a student you must use your unique link that can be obtained by logging into LubbDubb and clicking the share button on the virtual studio marketing page. Providers are paid out at the end of the student subscription term month over month as long as the student is subscribed to the virtual studio. If a student cancels in the middle of their subscription term providers agree to forfeit their monthly revenue share for that student.
- Profit Share: Providers are also part of the virtual studio profit sharing program. The Company shall be entitled to retain 75% of the student subscription value in connection to each LubbDubb referral purchase whether that comes from a LubbDubb share link or an organic search. 25% of the student subscription value shall be placed in a LubbDubb provider profit sharing pool. This profit sharing pool will be divided equally between each provider who has contributed their classes in a virtual studio.
- Unlimited classes in your virtual studio: Providers who contribute weekly classes in virtual studios are granted access to all of the classes in the virtual studio weekly schedule. Therefore, as a provider, you are hereby allowing all other providers in your virtual studio access to your classes at no charge to them.
- Drop in Classes: Virtual Studios are thematic, and they address an audience with interrelated needs. It’s highly likely that your existing drop in class offerings, certifications and teaching abilities naturally fit into a Virtual Studio. We suggest that you evaluate your current virtual class schedule to see what might work within a Virtual Studio schedule. It’s okay to create new classes, if you have time in your schedule, but that is not always necessary. There is no exclusive agreement between you and LubbDubb’s Virtual Studios, you can still have all your drop-in classes and offerings. Therefore, the virtual studio should add to your current repertoire of offerings. If you do not have your classes within the LubbDubb marketplace as drop in classes, we do require that you add them to the marketplace before participating in a virtual studio.
- Scaling Classes in Three Dimensions(™): It is possible to have one class be part of multiple virtual studios. For instance if you teach a belly dance class on Mondays at 9am it could be part of a Living Room Dance Party, and a Full Body Fitness virtual studio in addition to your drop in classes. In fact, we encourage you to overlap your classes in as many virtual studios as possible, if invited.
- Class Substitute: If you need to find a substitute for your classes; leave the virtual studio or take a leave of absence please let the virtual studio leader know as soon as possible.
- Terminating a Virtual Studio Class: Potential students will need to believe the virtual studio will offer classes consistently for a three month period in order to feel comfortable purchasing. So, in participating in a virtual studio you are committing to teaching your virtual studio for at least 1 month.
- If a virtual studio is terminated before the 1 month commitment, the LubbDubb and the instructors agree to rebate the students their monthly membership in a prorated amount depending on the duration of the virtual studio.
- By participating in Virtual Studio providers must agree to the LubbDubb Virtual Studio Pledge:
- Collaboration rather than competition - the success of your virtual studio depends on the collective consciousness of everyone in your virtual studio. Leave your individualism at the door and be an equal participant in the virtual studio community.
- Always ‘co-produce’: support other instructors in your virtual studio by taking their classes and promoting those classes to the students who come to your class.
- Be a champion of your virtual studio -- it is important for the morale of the virtual studio for everyone to market the virtual studio equally. Be a champion of your virtual studio and the amazing instructors you are collaborating with. Don’t be afraid to spread the word, building a community is easier when everyone works together toward a common goal.
- Collaborate when upselling. We definitely suggest that you upsell your privates, workshops and retreats to the students in your virtual studio, in fact we hope that everyone in the virtual studio will upsell each other’s special events and add-ons. We kindly suggest that you collaborate with your virtual studio leader and other instructors, before launching a special event so special events have a good cadence for the students in your virtual studio.
9. Reservation of Rights.
You acknowledge and agree that the LubbDubb Services are provided under license, and not sold, to you. You do not acquire any ownership interest in the LubbDubb Services under this Agreement, or any other rights thereto other than to use the LubbDubb Services in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Company shall retain its entire right, title, and interest in and to the LubbDubb Services, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto. Without limiting any other rights or remedies of the Company, the Company may cancel your account and/or class listings, and revoke your access to the LubbDubb Services, at any time for any reason, in its sole and absolute discretion.
10. Types of Content.
Various types of Content are made available through the LubbDubb Services. “Your Content” as used in this Agreement means, collectively, all information and other content that you upload, submit, provide, or otherwise make available to the Company. Your Content specifically includes your personal information such as name, address, telephone number, email address, all communications (by email or otherwise) between you and the Company, as well as any other information derived from the foregoing and programmatically available to the Company. The Company reserves the right to remove and permanently delete Your Content from the LubbDubb Services at any time for any reason without notice, or liability to you. With respect to Your Content, as a condition to your access to and use of the LubbDubb Services:
- You agree not to post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the LubbDubb Services.
- You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, username, or any account rights.
- You agree not to defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities, and you must not post private or confidential information via the LubbDubb Services, including, without limitation, your or any other person's credit card information, social security or alternate national identity numbers, or non-public phone numbers or non-public email addresses of other persons.
- You agree not to use the LubbDubb Services for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the LubbDubb Services and any of Your Content (as defined below), including but not limited to, copyright laws.
- You are solely responsible for your conduct and for Your Content.
- You agree not to create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (a/k/a "spam") to any End Users.
11. Third-Party Materials.
The LubbDubb Services may display, include, or make available third-party content (including Content provided by End Users, Providers, data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising ("Third-Party Materials"). You acknowledge and agree that Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.
You agree that by submitting feedback to the Company: (a) you automatically grant to the Company a perpetual, irrevocable, transferable, royalty-free license to use your feedback for any and all purposes without any compensation to you; and (b) you agree that you will not publish, submit, or display feedback submitted by you to or on any other web site or in any other publicly accessible forum without our prior written consent.
13. Collection and Use of Your Information.
Company may from time to time in its sole discretion develop and provide LubbDubb Services updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that the Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either:
- the Application will automatically download and install all available Updates;
- you may receive notice of or be prompted to download and install available Updates; or
- You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.
15. Term and Termination.
- The term of Agreement commences when you acknowledge your acceptance and will continue in effect until terminated by you or Company as set forth in this Section.
- You may terminate this Agreement by deleting the Application and all copies thereof from your Mobile Device and ceasing to use the LubbDubb Services.
- Company may terminate this Agreement at any time for any reason, without notice, including if it ceases to support the LubbDubb Services, which Company may do in its sole discretion. In addition, your rights under this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.
- Upon termination:
- all rights granted to you under this Agreement will also terminate; and
- you must cease all use of the Application and delete all copies of the Application from your Mobile Device and account.
- Termination will not limit any of Company's rights or remedies at law or in equity. The following sections of this Agreement will survive any termination of this Agreement: “Reservation of Rights,” “Disclaimer of Warranties,” “Limitation of Liability,” “Indemnification,” “Arbitration,” and “Limitation of Time to File Claims”
16. Disclaimer of Warranties.
THE LUBBDUBB SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." THE COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE LUBBDUBB SERVICES OR ANY SERVICES REQUESTED THROUGH THE APPLICATION, OR THAT THE LUBBDUBB SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THE COMPANY DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF STUDENTS OR PROVIDERS.
YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE LUBBDUBB SERVICES, AND ANY SERVICE REQUESTED IN CONNECTION THEREWITH (INCLUDING YOUR PARTICIPATION IN CLASSES), REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
YOU ARE RESPONSIBLE FOR ANY TAX LIABILITY RELATED TO YOUR PARTICIPATION IN AND/OR YOUR PURCHASE OF ANY OF THE BENEFITS ASSOCIATED WITH THE LUBBDUBB SERVICES.
THE COMPANY DOES NOT INDEPENDENTLY VERIFY PROVIDERS AND MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND AS TO THE QUALIFICATIONS OF SUCH PROVIDERS. YOU ACKNOWLEDGE THAT THE COMPANY IS NOT IN THE BUSINESS OF HEALTHCARE, FITNESS OR WELLNESS AND DOES NOT GIVE HEALTH OR MEDICAL ADVICE. STUDENTS TAKE, AND PROVIDERS OFFER, ALL CLASSES AT THEIR OWN RISK.
THE COMPANY SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND THE COMPANY’S REASONABLE CONTROL.
17. Limitation of Liability.
THE COMPANY SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE LUBBDUBB SERVICES, PARTICIPATION IN ANY CLASSES, TEACHING CLASSES OR THE POSTING OF CLASSES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF THE COMPANY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION Error! Reference source not found. DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE COMPANY’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON THE COMPANY’S CHOICE OF LAW PROVISION SET FORTH BELOW.
You agree to indemnify, defend, and hold harmless Company and its officers, directors, employees, agents, affiliates, successors, and assigns (the “Company Indemnified Parties”) from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, taxes or expenses of whatever kind, including reasonable attorneys' fees, arising from or relating to (i) your access to or use of the LubbDubb Services; (ii) your participation in a class as a Student or Provider; (iii) your violation of this Agreement, including breach of any of your representations and warranties contained in this Agreement; (iv) your violation of any third-party right, including without limitation any intellectual property right, property, or privacy right; (v) any claim that any of Your Content caused damage to a third-party; or (vi) any claim related to your distribution of any Content or Your Content. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with the Company in asserting any available defenses. You agree not to settle any indemnifiable matter without the prior written consent of the Company. Each of the Company Indemnified Parties is an express third party beneficiary of this Section Error! Reference source not found. with full rights to enforce its terms.
19. Export Regulation.
The Application may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Application available outside the US.
If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
21. Governing Law.
This Agreement is governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule.
Any dispute, controversy, or claim involving the Company and arising out of or in connection with or relating to (a) this Agreement or any breach or alleged breach thereof, or (b) your access to or use of the LubbDubb Servies, shall be submitted to a single arbitrator and settled exclusively by confidential binding arbitration pursuant to the Commercial Rules then in effect of the American Arbitration Association. There shall be no right or authority for any dispute, controversy, or claim to be arbitrated on a class action basis, and you expressly waive your right to participate in any class action against the Company. The arbitration proceeding shall be held in San Francisco, California or any other location mutually agreed upon by the Parties. The prevailing party (as determined by the arbitrator) shall be entitled to its reasonable attorney’s fees, costs and expenses related to the arbitration. Judgment upon the award may be entered in any court of competent jurisdiction. EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY DISPUTE ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT.
The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Section Error! Reference source not found. (Arbitration), including any claim that all or any part of this Section Error! Reference source not found. (Arbitration) is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether this Agreement is unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.
23. Limitation of Time to File Claims.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
24. Entire Agreement.
No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable agreement or other terms, the terms of this Agreement shall govern.
26. Amendments and Changes.
We reserve the right to modify this Agreement at any time and in any manner at our sole discretion by: (a) posting a revision on the Website; or (b) sending to you or notifying you through the Application of information regarding the amendment. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THE APPLICATION AND/OR WEBSITE TO OBTAIN TIMELY NOTICE OF ANY AMENDMENTS. YOU SHALL BE DEEMED TO HAVE ACCEPTED SUCH AMENDMENTS BY CONTINUING TO USE THE LUBBDUBB SERVICES AFTER SUCH AMENDMENTS HAVE BEEN POSTED OR INFORMATION REGARDING SUCH AMENDMENTS HAS BEEN SENT TO YOU. If you do not agree to such changes, you should stop using the LubbDubb Services and delete the Application, and request deletion of your account by contacting firstname.lastname@example.org. You agree that the Company shall not be liable to you or to any third party for any modification of this Agreement.
Your agreement to be bound by these terms is a condition to your use of the LubbDubb Services. If you do not approve of all of the foregoing agreements and terms, you should not click “I Agree” and you will not be able to establish a LubbDubb account.