Terms of Service
These Terms of Service (“Terms”) are a legal agreement between you and THE SWEAT SOCIAL L.L.C. (“The Sweat Social,” “us,” “our,” or “we”), a Delaware limited liability company, and any of its related websites, subsidiaries, parent entities, or related entities, regarding your use of services available at www.thesweatsocial.com, including the mobile application “Hit Pause” or any downloadable software program or mobile app that you are accessing or installing on your device or personal computer and our content and services available through that software program or mobile app (collectively, the “Service”).
BY USING ANY PORTION OF THE SERVICE, YOU AGREE TO BE BOUND BY AND ARE A PARTY TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, CEASE USING THE SERVICE. If you have been provided the Service by your employer, you represent that you personally accept all Terms, and you represent that you are authorized to accept these Terms on your employer’s behalf.
The Service involves the creation wellness programs that combine fitness with mindfulness based on the functional needs of a company’s field-based or remote teams. These teams include sales, professional services, customer support, consulting, transportation and more. The Service delivers these wellness programs at corporate meetings, in the field (hotels, in public places, and in automobiles and other vehicles), and at home. The wellness programs include fitness and yoga, mindfulness and meditation, runs, stretching and circulation breaks, mobility workshops, wellness seminars, team building exercises, and other content that may be delivered via our website or mobile device apps. Users of the Service users may log their fitness activities; see, comment and like the activities of other users; and receive analysis and insights from the Service about their progress.
You represent and warrant that any profile information you submit is true and accurate and that you are 18 years of age or older and are fully able and competent to enter into, and abide by these Terms. The Service is not intended for those under the age of 18. Use of the Service is void where prohibited.
The Sweat Social grants you a personal, non-exclusive, non-assignable, non-transferable, revocable license to access and use the Service, including a reasonable number of copies of any content, material, or software made available by The Sweat Social, for noncommercial and personal use pursuant to all of these Terms. You agree to comply with all applicable laws when using the Service, specifically all intellectual property laws. You shall not store, copy, modify, or distribute any of the content made available on the Service, or use any part of the Service or the information therein for any commercial purpose whatsoever. You shall not conduct any activity that interferes with or hacks the Service or the information contained within the Service. You shall not utilize any personal or identifying information about another user of the Service without that person’s explicit consent.
Your Account Information
Using the Service, requires an active account. When registering for an account, you must provide accurate and complete information and keep such information current. We reserve the right to suspend or terminate your account if we have reason to believe that the information you provide is inaccurate or incomplete.
You acknowledge that you are solely responsible for all activities that occur through your account. While we will take all reasonable steps to keep the Service secure, you alone are responsible for creating and keeping secret a secure password that protects your account information. Please notify us immediately of any unauthorized use of your account or any other breach of security by sending an email to email@example.com.
Registering for an account to use the Service may allow you to upload certain content, such as photos, chats, text, links, videos, audio, and other content (collectively, “Your Content”). You warrant that you have the full authority and all rights to upload any element of Your Content. In addition, by using the Service, you explicitly agree to indemnify and hold The Sweat Social harmless from any claims or lawsuits that arise from you uploading or posting Your Content via the Service. Furthermore, you agree to be personally responsible and liable for any harm that may come to you as a result of posting or uploading Your Content, including any harm that may occur as a result of your interactions with another user of the Service.
You agree not to upload to the Service or otherwise post, transmit, distribute, or disseminate through the Service any material that is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libelous, threatening, harassing, hateful, inflammatory, abusive; that encourages criminal conduct or conduct that gives rise to civil liability; that breaches any duty toward or rights of any person or entity, including rights of publicity or privacy; that contains corrupted data or any other harmful, disruptive, or destructive files; or in our sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any portion of the Service, or which may expose The Sweat Social, its affiliates, or users to harm or liability of any nature. We reserve the right, and have absolute discretion, to remove, screen, edit, or disable any Your Content at any time and for any reason without notice.
Content on the Service, including Your Content and any other content that we provide on the Service, is protected by intellectual property laws.
Limitation of Liability
Content provided via the Service is not a substitute for professional fitness or medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health or fitness provider with any questions you may have regarding a fitness regimen or medical condition. Do not disregard professional advice because of something you have read, seen, or heard on the Service.
The Service may describe and lead fitness, wellness, meditation, and other related activities to be performed by you in both familiar (e.g., home, current gym, park) and unfamiliar (e.g., a parked car, hotels, airports) locations. You acknowledge that any activity you perform must comply with all laws and regulations, no matter where you are preforming the activity. By using the Service, you explicitly hold The Sweat Social harmless for any harm, damages, or liabilities, whether civil or criminal, that you experience or cause to others when performing in any such location, both familiar and unfamiliar, any exercises, movements, activities, or programs provided via the Service.
Intellectual Property Issues
We reserve the right to suspend or terminate your account if you repeatedly infringe the copyright, trademark, or other intellectual property rights of others. If you feel that your intellectual property rights have been infringed, you may send us a notice at the address below. By submitting a copyright infringement notice to us, you acknowledge and agree that The Sweat Social or its attorneys/agents may forward the information you provide in your notice to the allegedly infringing person. Please send notices to:
The Sweat Social L.L.C.
8 The Green
Dover, DE 19901
Upon reviewing any infringement complaints and responses to those complaints, The Sweat Social may, in its sole discretion, either permanently remove the infringing content or reinstate the removed or disabled material.
The Sweat Social is a trademark of THE SWEAT SOCIAL L.L.C. Other product, brand, and company names and logos used on the Service are the trademarks or registered trademarks of their respective owners. Any use of any of the marks appearing on the Service without the prior written consent of The Sweat Social or the owner of the mark, as appropriate, is strictly prohibited.
Interactions Via the Service
By using the Service, you acknowledge and agree that you may receive communications and interactions from us or other members of the Service. You acknowledge and agree that individual members are each acting independently and that no member is our representative or agent.
The Service may include tools that enable users to arrange in-person meetings. The Sweat Social is not involved in arranging or supervising meetings, and has no control over who attends meetings or the actions of any individual at any meeting. You explicitly agree that you bear all risk associated with any meeting you attend, and you agree to release and hold us (and our officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third party partners) harmless from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with your use of the Service or any meeting you attend. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver. You waive and relinquish all rights and benefits which you have or may have under Section 1542 of the Civil Code of the State of California or any similar provision of the statutory or non-statutory law of any other jurisdiction (including the states of Delaware and Louisiana) to the full extent that you may lawfully waive all such rights and benefits.
Fees; Right to Terminate
The Sweat Social reserves the right to implement fees for the Service at any time by providing you notice. When processing fees, any payments (including recurring payments) or credits, as applicable, in connection with your use of the Service will be subject to the terms, conditions and privacy policies of an external payment processor and your credit card issuer in addition to these Terms. We are not responsible for any errors by the external payment processor. If you have paid for a monthly plan or have engaged with the Service via recurring payments, such payments are non-refundable and there are no credits for partially used periods. Following a cancellation, however, you will continue to have access to the Service through the end of your current billing period.
The Sweat Social reserves the right to modify or discontinue, temporarily or permanently, all or a part of the Service without notice. You agree that we are not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
If you provide feedback to The Sweat Social regarding the Service (“Feedback”), you acknowledge that the Feedback is not confidential and you authorize us to use that Feedback without restriction for any purpose and without payment to you.
Modifications to Terms
We reserve the right to modify these Terms from time to time. If we modify these Terms, we will indicate that we have done so on the at http://www.thesweatsocial.com/terms or otherwise provide you notice. Use of the Service after the effective date of a modification constitutes your acceptance of any modified Terms.
You may terminate your use of the Service at any time by terminating your account and deleting any of our software from your device or personal computer. Termination of your account is your sole right and remedy with respect to any dispute with The Sweat Social regarding the Service or these Terms. The Sweat Social reserves the right to suspend or terminate your access to the Service at any time, for any reason. Your rights under these Terms will terminate automatically if you fail to comply with any of these Terms. You remain solely liable for all obligations related to use of the Service, even after you have stopped using the Service.
Liabilities as a Result of Third-Party Content
If we provide a promotion, coupon, or special offer from a third party, The Sweat Social shall not be responsible for any redemption errors, omissions, or expirations of such promotional offers. Within the Service, we may publish hyperlinks to special offers or content provided and supported by third parties. We have no responsibility to update or review any such third-party special offers or content and can make no guarantee as to its accuracy or completeness. If you follow a link or otherwise navigate away from the Service, these Terms will no longer govern. The Service may contain advertisements and promotions from third parties. Your business dealings or correspondence with, or participation in promotions of, advertisers other than us, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party.
Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE SWEAT SOCIAL, ITS AFFILIATES, LICENSORS, SUPPLIERS, AND DISTRIBUTORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE SWEAT SOCIAL DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE SERVICE OR THAT ANY DATA SENT BY OR TO YOU WILL BE ACCURATE, COMPLETE, TRANSMITTED IN UNCORRUPTED FORM, OR TRANSMITTED WITHIN A REASONABLE AMOUNT OF TIME. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DELAY OR LOSS OF ANY KIND THAT RESULTS FROM YOUR ACCESS OR USE OF THE SERVICE, INCLUDING LOSS OR HARM TO YOUR MOBILE DEVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SWEAT SOCIAL, THROUGH OR FROM THE SERVICE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. SOME STATES MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
Limitation of Liability
NEITHER THE SWEAT SOCIAL NOR ITS AFFILIATES, LICENSORS, SUPPLIERS, OR DISTRIBUTORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES EVEN IF ADVISED OF THE POSSIBILITY OF THESE DAMAGES, RESULTING FROM YOUR ACCESS OR USE OF THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THESE TERMS, THE MAXIMUM TOTAL LIABILITY OF THE SWEAT SOCIAL, ITS AFFILIATES, LICENSORS, SUPPLIERS, AND DISTRIBUTORS TO YOU FOR ANY CLAIM RELATED TO THE SERVICE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE OR $10. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
You will defend, indemnify and hold The Sweat Social, its affiliates, directors, officers, agents, employees, and its licensors, suppliers, and Distributors harmless from any costs, damages, expenses, and liability caused by your use of the Service, your violation of these Terms, or your violation of any rights of a third party through use of the Service.
These Terms, and any rights or licenses granted under these Terms, may not be transferred or assigned by you, but may be assigned by The Sweat Social without restriction. Any assignment attempted in violation of these Terms is void.
Governing Law; Venue
These Terms will be governed by and construed in accordance with the laws of the State of Delaware, excluding its conflict of law provisions. You agree that any judicial proceedings will be brought in and you hereby consent to the exclusive jurisdiction and venue in the state and federal courts in Wilmington, Delaware.
YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, THAT CAUSE OF ACTION IS PERMANENTLY BARRED.
Waiver and Severability of Terms
The failure of The Sweat Social to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by The Sweat Social. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
By using the Service, you consent to receiving electronic communications from us. These communications may include notices about your account and information concerning or related to the Service. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
You are solely responsible for all fees charged by your telecommunications service provider or any other service provider related to your use of the Service, including without limitation any SMS / text messaging fees, data charges, and other fees.