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Terms of service

Terms of service

Introduction.

This Terms of Service Agreement ("Agreement") is made by and between Wodify Technologies, LLC and its worldwide subsidiaries and affiliates that comprise the Wodify Family of Companies ("Wodify", “our" or "we")), and you the user (“you,” “your,” or “User”).

 

This Agreement contains the complete terms and conditions that govern the use and services for the Wodify’s family of websites and mobile applications (collectively, the “Website”). Please read the following agreement carefully before using the Website. BY ACCESSING, VISITING, BROWSING, USING OR ATTEMPTING TO INTERACT WITH OR USE ANY PART OF THIS Website, OR OTHER WODIFY SOFTWARE, SERVICES, CONTENT ("CONTENT" REFERS TO ANY TEXT, MATERIALS, DOCUMENTS, IMAGES, GRAPHICS, LOGOS, DESIGN, AUDIO, VIDEO AND ANY OTHER INFORMATION PROVIDED FROM OR ON, UPLOADED TO AND/OR DOWNLOADED FROM THE Website), WEBSITES, MOBILE APPLICATIONS OR CONTENT (COLLECTIVELY “SERVICES”), YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT.

 

IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THIS Website. WODIFY RESERVES THE RIGHT, WITH OR WITHOUT NOTICE, TO MAKE CHANGES TO THIS AGREEMENT AT WODIFY’S DISCRETION. CONTINUED USE OF ANY PART OF THIS WEBSITE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES.

 

1. Access to this website.

To access the Websites, Website resources, links or other content, you may be asked to provide certain registration details or other information. It is a condition of your use of the Websites that all of the information you provide will be correct, current and complete. If Wodify believes the information you provide is not correct, current or complete, Wodify has the right to deny access to the Websites, or to any of its resources, and to terminate or suspend your access at any time.

 

By merely providing access to the Website, Wodify does not warrant or represent that: (a) the Content is accurate, complete, up-to-date or current; (b) Wodify has any obligation to update any Content; (c) the Content is free from technical inaccuracies or typographical errors; (d) that the Content does not infringe on the intellectual property rights of any third party; (e) that the Content is free from changes caused by a third party; (f) your access to the Website will be free from interruptions, errors, computer viruses or other harmful components; and/or (g) any information obtained in response to questions asked through, or postings made on, the Website is accurate or complete. Your use of the Website and the Services offered therein are subject to federal law and the law of the state of New Jersey.  You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. In any case, you affirm that you are over the age of 13, as THE WEBSITE IS NOT INTENDED FOR CHILDREN UNDER 13 THAT ARE UNACCOMPANIED BY HIS OR HER PARENT OR LEGAL GUARDIAN.

 

2. Applicable use of website.

You may use the Website for purposes expressly permitted by this Website. You may view, copy or print pages from the Website solely for personal, non-commercial purposes. You may not otherwise use, modify, copy, print, display, reproduce, distribute or publish any information from the Website without the express, prior written consent of Wodify. At any time, we may, without further notice, make changes to the Website, to this Agreement and/or to the Services described in this Agreement.

 

As a condition of your use of the Website, you warrant to Wodify that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions and notices.

 

3. User password, and electronic account services.

For certain types of features available through the Website, including the Online Account Access features (the "Online Service"), we require the use of technologies provided for your protection and/or your use of a username and password after setting up a user account ("User Account"). You may be asked Account-specific information to authenticate yourself. In this agreement, "you" and "your" refer to each person, or, if applicable, the entity who is an owner, signer or has unrestricted access to a User Account and each person that uses the Online Service with your permission ("Authorized User"). You may never use another person's User Account without permission. When your Online Service is linked to one or more Accounts, Wodify may act on the oral, written, or electronic instructions of any authorized signer regarding your service for those Accounts. It is your responsibility to notify Wodify if an Authorized User should no longer be given access to an Account through the Online Service.

(a) USER ACCOUNT AND PASSWORD. We use reasonable precautions to protect the privacy of your username, password and User Account Information by utilizing a Secure Socket Layer ("SSL") connection. Accordingly, your username, password and User Account Information are encrypted using an SSL connection and are not expected to be read in an intelligible form as they travel to the Website. You, however, are ultimately responsible for protecting your password and User Account Information from disclosure to third parties, and you are not permitted to circumvent the use of required encryption technologies. You are required to take reasonable precautions to safeguard your username and password. You agree to never leave your computer unattended while using the Online Service and to always exit the Online Service by clicking on "Log Out." You also agree to immediately notify Wodify of any unauthorized use of your username, password and/or User Account, or any other breach of security by notifying Wodify by email at support@wodify.com. You are solely responsible for any activity that occurs with respect to your User Account. While we provide certain encryption technologies and use other reasonable precautions to protect your confidential information and provide suitable security, we do not and cannot guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions are free from delay, error, interception or interruption.

(b) RELIANCE BY WODIFY. You authorize Wodify to rely on your User Account Information, username and password to identify you when you use the Online Service, and as signature authorization for any payment made using the Online Service. You acknowledge and agree that you are responsible for all payments you make using the Online Service and for paying any and all late charges or penalties. You also acknowledge and agree that if you permit another person or persons to use the Online Service or give them your User Account Information, username and/or password, you are responsible for any payment that person makes to your Account, even if the person exceeds your authorization. You agree that Wodify may comply with the payment instructions entered by any person using your User Account Information, username and Password.

(c) SECURITY. Wodify is committed to protecting the security and confidentiality of information about you and your User Account. Wodify uses, and may in the future use, several different security methods to protect your Account and User Account Information.

(d) ELECTRONIC COMMUNICATION.

 

   (i) Email. When you enroll in the Online Service, you must designate a primary email address that will be used for receiving electronic communication. To the extent that Wodify maintains an online message center in the future, such exchange of communications shall be considered an electronic communication and may be utilized by Wodify for providing you notices pursuant to this Agreement. Unless initiated by an email from you to support@wodify.com requesting assistance from Wodify, Wodify will NEVER send you email requesting confidential information such as Account numbers, usernames, or passwords  If you receive such an email purportedly from Wodify that was not initiated by you, do not respond to the email and notify Wodify by forwarding the email to support@wodify.com.

  (ii) Usage of Electronic Communication. By your enrollment in the Online Service, you agree to receive this Agreement and any disclosures or notices required by applicable law and all other communications electronically to the email address you designate in your account profile. You also agree that Wodify may respond to any communication you send to Wodify with an electronic communication, regardless of whether your original communication with Wodify was an electronic communication. Any electronic communication Wodify sends to you will be considered received within one (1)  calendar day of the date such communication is sent by computer servers utilized by Wodify to the email address you designate in your account profile or posted to Wodify's online message center (if applicable). To the extent permissible under applicable law, any electronic communication you send to Wodify will not be effective until Wodify has had a reasonable opportunity to act on the electronic communication.

(e) PAYMENTS. You authorize Wodify to debit your Payment Account and remit funds on your behalf to the Payee. When Wodify receives a Payment Instruction, you have authorized Wodify to debit your Payment Account and remit funds on your behalf so that the funds arrive as close as reasonably possible to the Payment Due Date as designated by you. You also authorize Wodify to credit your Payment Account for payments returned to you by Wodify.

 

(f) DISCLOSURE OF ACCOUNT INFORMATION. Wodify will not disclose any information to third parties about you, including email addresses, or your Account, except in the situations described below or as otherwise set forth in Wodify's Privacy Policy located at https://www.wodify.com/privacy-policy. We will disclose such information:

  • where disclosure is necessary for completing payments, or to resolve a problem related to a payment;
  • to a consumer reporting agency as defined by applicable law;
  • to Wodify employees, auditors, attorneys or collection agents in the course of their duties; or
  • if you give Wodify written permission (including by email).

 

(g) INSUFFICIENT FUNDS TO COMPLETE BILL PAYMENT. You must have sufficient available funds in your Account on the payment due date. If your Account has insufficient funds, the Bill Payment will not be completed. Should a Bill Payment fail because of insufficient funds in your Account, an amount equal to Wodify's Returned Payment Fee then in effect will be applied to your Account.

(h) Wodify's LIABILITY FOR FAILURE TO COMPLETE BILL PAYMENTS. If Wodify debits your Account incorrectly, Wodify will be responsible for returning the improperly debited funds to your Account. However, Wodify will not be liable in the following situations:

 

  • You did not properly follow the provisions of this agreement, the online instructions for the Online Service or other instructions for making a payment;
  • Through no fault of Wodify's, you have insufficient funds in your Payment Account to make a payment;
  • Your computer, the software, phone lines, Wodify's computer system or the Online Service were not working properly or were temporarily unavailable, and this problem was or reasonably should have been apparent to you when you attempted the payment or you were advised by the Online Service of the malfunction before you executed the payment;
  • Circumstances beyond our control prevented the payment, despite reasonable precautions that we have taken, including telecommunications outages, fires, floods or other natural disasters;
  • Wodify had reasonable basis to believe that unauthorized use of your username, password, or User Account or Account has occurred or may be occurring;
  • Wodify or you terminated your Online Service or closed your Account to which the username was linked;
  • You have supplied your login information to another party; or
  • For any other reason specified in these Terms or in any other agreement Wodify has with you.

(i) ACCURATE INFORMATION. In creating and using your User Account on the  Website, you agree to: (i) provide true, accurate, current and complete information about yourself on any registration form required on the Website (such information being the "User Account Information"); and (ii) maintain and promptly update the User Account Information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Wodify has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Wodify has the right to suspend or terminate your User Account and refuse any and all current or future use of your User Account.

(j) TERMINATION OF ACCOUNT. Wodify reserves the right to terminate your use of the Online Service for any reason including inactivity and at any time without notice to you. You have the right to terminate your use of the Online Service by emailing Wodify at support@wodify.com . Any termination of your use of the Online Service, whether initiated by you or by Wodify, will not affect any of your or Wodify's rights and obligations under these Terms or any other agreements you have with Wodify that have arisen before the effective date of such termination.

(k) RELATED AGREEMENTS. Your Account linked to the Online Service will also be governed by the agreements, disclosures, Wodify's service tariff in your area, and other documents provided to you in connection with the opening of your Account, as they may be amended periodically. If any inconsistency exists between such other documentation and this Agreement, then this Agreement shall control to the extent of inconsistency.

(l) ERRORS OR QUESTIONS ABOUT BILL PAYMENTS. In case of errors or questions about Bill Payments, you should notify Wodify at once by email at support@wodify.com.

 

4. No co-branding or framing.

You may not use or authorize any party to co-brand, or frame any Wodify Website without the express prior written permission of an authorized representative of Wodify. For purposes of these Terms of Service, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this Website or content accessible within the Website. For purposes of these Terms of Service, “framing” refers to displaying any Wodify webpage within a bordered area of another website, regardless of whether the address of the originating Wodify Website is visible. Furthermore, you agree to cease any unauthorized co-branding or framing immediately, upon notice from Wodify.

 

5. No unlawful access.

In addition, you agree that you will not use Wodify’s Websites in any manner that could in any way disable, overburden, damage or impair the Websites or otherwise interfere with any other party’s use and enjoyment of the Website. You further agree that you will not obtain, or attempt to obtain, any materials, content or information by any means not expressly made available or provided for through authorized use of the Website.

 

6. Personal use limitation.

Wodify’s Websites are for your personal use, unless otherwise specified. You may not use any Wodify Website for any other purpose without the prior express written permission of an authorized representative of Wodify. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, sell or otherwise infringe on any intellectual property rights related to any information, content, software, products or services obtained from or otherwise connected to Wodify’s Website.

 

7. Proprietary information.

All Content found on the Wodify Website (the “Content”) is considered the copyrighted and trademarked intellectual property of Wodify, or of the party that created and/or licensed the Content to Wodify. No rights or title to any of the works contained on any Wodify Website shall be considered transferred or assigned to the User. You agree that you will not copy, distribute, republish, modify, create derivative works fromor otherwise use the Content in any way, without the prior written consent of Wodify, except that you may print out and/or save a copy of the Content for personal use.

 

8. Submissions.

You hereby grant to Wodify a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display all content, remarks, suggestions, ideas, graphics, or other information communicated by you to Wodify through this Website (hereinafter, the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. You agree that Wodify will not be bound to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Wodify operations or business.

 

9. Hyperlinking.

The Websites may be hyperlinked to and by other websites which are not maintained by, or related to, Wodify. Hyperlinks to such Websites are provided as a service to users and are not sponsored by, endorsed or otherwise affiliated with the Websites or Wodify. Wodify has not reviewed any or all of such Websites and is not responsible for the content of any linking Websites, and any links made directly from a Wodify Website to another web page should be accessed at the User’s own risk. Wodify makes no representations or warranties about the content, completeness, quality or accuracy of any such website.

 

10.Use of event management platform.

Wodify's Event Management Platforms, including but not limited to WODIFY LIVE, WODIFY ARENA and WODIFY RISE allow organizers ("Organizer") of events and competitions to organize, manage and promote events and competitions.  Wodify is not responsible for any event or competition that is cancelled for any reason.  All disputes regarding refunds are between Organizer and its attendees.  Wodify will make no payments to Organizer for any event or competition that is cancelled or not held or which Wodify believes there is a risk of cancellation or non-performance in the future. In addition, no fees for any event or competition shall be due and payable to Organizer unless that event or competition is held and successfully completed. If payments have already been made to an Organizer for a cancelled event or competition, Organizer shall immediately refund to Wodify any such payment for the purpose of refunding prior payments by Attendees. Wodify has the right to withhold all registration fees, or a certain percentage of registration fees, at any time as Wodify in its sole discretion determines to be necessary for the processing and settlement of all returns, disputed charges, customer complaints, allegations of fraud, violation of laws or regulations, violation of this Agreement, chargebacks, expected chargebacks and other discrepancies.

 

If you use any Wodify Event Management Platform to organize an event or a competition, all fees for the event or competition must be processed using the same Wodify Event Management Platform. Failure to use the appropriate Event Management Platform to collect fees for events and competitions organized through the Wodify Event Management Platform is a violation of the terms of this Agreement and Wodify reserves the right at any time to terminate your account and all access to the event or competition on any Wodify Event Management Platform.

 

11. Use of communication services.

Wodify’s Websites may contain forums, bulletin board services, chat areas, message boards, news feeds, news groups, communities, personal web pages, calendars, and/or other message or communication facilities designed to allow you to communicate with the Internet community or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and content that are considered proper and related to the particular Communication Service. Among other actions, when using a Communication Service, you agree that you will not post, send, submit, publish, or transmit in connection with this Website, or cause to be posted, sent, submitted, published or transmitted, any material that:

 

(i) you do not have the right to post, including any proprietary material of any third party protected by intellectual property laws (or by rights of privacy or publicity);

(ii) advocates illegal activity, discusses an intent to commit an illegal act or violates any law;

(iii) is vulgar, obscene, pornographic, or indecent;

(iv) threatens or abuses others;

(v) is libelous or defamatory towards others;

(vi) is racist, abusive, harassing, threatening or offensive;

(vii) seeks to exploit or harm children by exposing them to inappropriate content, or asking for personally identifiable details or information;

(viii) harvests or otherwise collects information about others, including e-mail addresses, without their consent;

(ix) impersonates or misrepresents your connection to any other entity or person or otherwise manipulates or forges headers or identifiers to disguise the origin of content;

(x) falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissibly uploaded (e.g., copyright, trademark or patent notices);

(xi) advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this Website;

(xii) solicits funds, advertisers or sponsors for any purpose;

(xiii) includes programs that contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications device;

(xiv) disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real-time activities via this Website;

(xv) amounts to a pyramid or other like scheme, including contests, chain letters and surveys;

(xvi) disobeys any policy or regulations including any code of conduct or other guidelines, established from time to time regarding use of this Website or any networks connected to this Website; or

(xvii) contains hyperlinks to other Websites that contain content that falls within the scope of this Section.

 

You acknowledge that any materials uploaded to the Communication Service may be subject to posted limits on use, reproduction and/or dissemination and you are responsible for abiding by such limitations with respect to your submissions, including any downloaded materials. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither Wodify nor any third party that provides Content to Wodify will assume or have any liability for any action made by Wodify or such third party with respect to any submission.

 

12. Disclosure under law.

Wodify reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.

 

13. Personally identifiable information.

Wodify cautions you against giving out any personally identifying information about yourself or your children in any Communication Service. In an effort to preserve your privacy, Wodify agrees that it will treat any personally identifying information that you submit through the Websites in accordance with the terms outlined in its Privacy Policy at https://www.wodify.com/privacy-policy.

 

14. Mobile SMS code services.

When you opt-in to an Online Service with Wodify, Wodify will send you an SMS message to confirm your signup. You may cancel this service at any time by texting “STOP” to the SMS number that you received. After you send this message, Wodify will send you a reply message to confirm that you have been unsubscribed. Upon receiving confirmation, you will no longer receive messages from Wodify. If you wish to re-join the service, you will be required to sign up as you did the first time, and Wodify will begin sending messages to you again. If at any time you require help on supported keywords, you may text “HELP” to the SMS number that you received. After you send this message, Wodify will respond with instructions on how to use the service as well as how to unsubscribe.

 

Wodify is able to deliver messages to mobile phone carriers identified through this link https://support.twilio.com/hc/en-us/articles/223182088-What-carriers-are-supported-on-Twilio-short-codes.

 

As always, message and data rates may apply for any messages sent to you from Wodify and to Wodify from you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

 

15. Disclaimers.

 

(A) NO WARRANTIES; INDEMNIFICATION. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE, THE ONLINE SERVICE AND THE CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. WODIFY PROVIDES THE WEBSITE AND THE ONLINE SERVICE ON A COMMERCIALLY REASONABLE BASIS AND WODIFY MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE WEBSITE, THE ONLINE SERVICE, THE CONTENT OR ANY SERVICES OFFERED IN CONNECTION WITH THE WEBSITE ARE OR SHALL REMAIN UNINTERRUPTED OR ERROR-FREE, THE CONTENT SHALL BE NON-INFRINGING ON ANY THIRD PARTY'S INTELLECTUAL PROPERTY RIGHTS, THAT DEFECTS SHALL BE CORRECTED, THAT THE WEB PAGES ON THE  WEBSITE, THE CONTENT, THE ONLINE SERVICE, ANY ELECTRONIC COMMUNICATION OR THE SERVERS USED IN CONNECTION WITH THE WEBSITE ARE OR SHALL REMAIN FREE FROM ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY PERSON USING THE WEBSITE WILL BE THE PERSON THAT HE OR SHE REPRESENTS HIMSELF OR HERSELF TO BE. WODIFY DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE AND/OR THE ONLINE SERVICE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT WODIFY SHALL HAVE ADEQUATE CAPACITY FOR THE WEBSITE AND/OR THE ONLINE SERVICE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.

(b) INDEMNIFICATION. You agree to defend, indemnify and hold Wodify and its affiliates, subsidiaries, owners, directors, officers, employees and agents harmless from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses and costs (including without limitation reasonable attorneys' fees) assessed or incurred by Wodify, directly or indirectly, with respect to or arising out of: (i) your failure to comply with this Agreement Terms; (ii) your breach of your obligations under this Agreement; (iii) your use of the rights granted hereunder, including without limitation any claims made by any third parties; and/or (iv) your violation of any third party right, including without limitation any copyright, property, or privacy right.

(c) NOT INVESTMENT ADVICE. WODIFY DOES NOT INTEND TO PROVIDE ANY INVESTMENT ADVICE OR INFORMATION RELATING TO ITSELF OR ANY COMPANY IDENTIFIED ON THE Website. Nevertheless, the Website may, from time to time, contain information on the current or prospective financial condition of this and/or certain other companies. Wodify cautions that there are various important factors that could cause actual results to differ materially from those indicated in the information you may encounter on the Website. Accordingly, there can be no assurance that such indicated results will be realized. These factors include, among other things, legislative and regulatory initiatives regarding regulation of American companies doing business abroad; political and economic conditions and developments in the United States and in foreign countries in which the companies discussed on the Website operate; financial market conditions and the results of financing efforts; and changes in commodity prices and interest rates.

16.  Limitation of liability.

WODIFY'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE WEBSITE, THE ONLINE SERVICE, THE CONTENT, AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEBSITE SHALL BE THE CANCELLATION OF YOUR USER ACCOUNT WITH WODIFY. IN NO EVENT WILL WODIFY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE WEBSITE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE  WEBSITE, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEBSITE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEBSITE, THE ONLINE SERVICE, THE CONTENT, AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, THE ONLINE SERVICE, THE CONTENT, AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEBSITE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR COMPUTER SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, THE ONLINE SERVICE, THE CONTENT, AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEBSITE, AND/OR (E) ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE, THE ONLINE SERVICE, THE CONTENT AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEBSITE BY ANY THIRD PARTY OR FOR ANY LOSS OR DAMAGE OF ANY KIND. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS WODIFY'S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

 

17. Trademarks and copyrights.

The trademarks, service marks and logos used and displayed on the Website are Wodify's, or its subsidiaries' or affiliates', registered and unregistered trademarks. Wodify is the copyright owner or authorized licensee of all text and all graphics contained on the Website. All trademarks and service marks of Wodify that may be referred to on the Website are the property of Wodify. Other parties' trademarks and service marks that may be referred to on the Website are the property of their respective owners. Nothing on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Wodify's  trademarks or service marks without Wodify's prior written permission. Wodify aggressively enforces its intellectual property rights. Neither the name of Wodify nor any of Wodify's other trademarks, service marks or copyrighted materials may be used in any way, including in any advertising, hyperlink, publicity or promotional materials of any kind, whether relating to the Website or otherwise, without Wodify's prior written permission. All contents of Wodify’s websites are: Copyright © Wodify Technologies, LLC 2017. All rights reserved.

 

If you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed via this Website, please notify Wodify immediately at support@wodify.com.

 

Any questions concerning the use of these Trademarks or whether a Trademark is a Trademark of Wodify should be referred to Wodify immediately at support@wodify.com.

 

18. Security.

Any passwords used for the Websites are for individual use only. You will be responsible for the security of your password(s). From time to time, Wodify may require that you change your password. You are prohibited from using any services or facilities provided in connection with the Websites to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password crackers, rootkits, Trojan horses, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Wodify reserves the right to release your account details to system administrators at other websites and/or the authorities in order to assist them in resolving security incidents. Wodify reserves the right to investigate suspected violations of these Terms of Service. Wodify reserves the right to fully cooperate with any law enforcement authorities or court order requesting or direction Wodify to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Service.

 

BY ACCEPTING THIS AGREEMENT YOU WAIVE ALL RIGHTS AND AGREE TO HOLD WODIFY HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY WODIFY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER WODIFY OR LAW ENFORCEMENT AUTHORITIES.

 

19. Choice of law and jurisdiction.

Wodify makes no representation that content or materials in the Website are appropriate or available for use in jurisdictions outside the United States. Access to the Website from jurisdictions where such access is illegal is prohibited. If you choose to access the Website from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws. Wodify is not responsible for any violation of law. You may not use or export the Content or materials in the Website in violation of U.S. export laws and regulations. You agree that the Website, this Agreement and the Online Service shall be interpreted and governed in accordance with federal law and, to the extent not preempted by federal law, and with the laws of the state of New Jersey. The Website and the Online Service shall be deemed a passive website and service that does not give rise to personal jurisdiction over Wodify, either specific or general, in jurisdictions other than the state of New Jersey. You agree and hereby submit to the exclusive personal jurisdiction of the state and federal courts of New Jersey. You further agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you reside (if different from the United States).

20.  Availability.

Information that Wodify publishes in the Website may contain references or cross-references to products, programs or services of Wodify that are not necessarily announced or available in your area. Such references do not mean that Wodify will announce any of those products, programs or services in your area at any time in the future. You should contact Wodify for information regarding the products, programs and services that may be available to you, if any.

21.  Non-transferability of user account.

User Accounts are non-transferable, and all users are obligated to take preventative measures to prohibit unauthorized users from accessing the Website with his or her username and password. You may not assign this agreement, in whole or in part, or delegate any of your responsibilities hereunder to any third party. Any such attempted assignment or delegation will not be recognized by Wodify unless acknowledge by Wodify in writing. Wodify has no obligation to provide you with written acknowledgment. Wodify may, at any time and in its sole discretion, assign this Agreement, in whole or in part, or delegate any of our rights and responsibilities under this agreement to any third party or entity.

22.  Termination of service.

We may terminate your User Account or right to access secured portions of the Website at any time, without notice, for conduct that we believe violates this agreement and/or is harmful to other users of the Website, to Wodify, to the business of the Website's Internet service provider, or to other information providers.

23. Miscellaneous.

If any provision of this agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Wodify's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. This Agreement, the Wodify Website Privacy Policy located at https://www.wodify.com/privacy-policy, and any gym owner agreements signed by you  are the entire agreement between you and Wodify with respect to your use of the Website and the Online Service, and supersede any and all prior communications and prior agreements, whether written or oral, between you and Wodify regarding the Website and the Online Service.

Your consent to this agreement

By accessing and using the Website, you consent to and agree to be bound by the terms of the foregoing Agreement. If we decide to change these Agreement, we will make an effort to post those changes on the web page so that you will always be able to understand the terms and conditions that apply to your use of the Website and/or the Online Service. Your use of the Website and/or the Online Service following any amendment of these Terms will signify your assent to and acceptance of its revised terms.

If you have additional questions or comments of any kind, or if you see anything on the Website that you think is inappropriate, please let us know by email at support@wodify.com.

LAST UPDATE:
September 27, 2017