Acceptance of Terms
BeachSweat.com and the Beach Sweat mobile application (collectively referred to herein as the “Platform”) are owned and operated by Beach Sweat Inc., a Florida corporation (the “Company”), and the Company welcomes you to its online service (the “Service”). By using this Platform or Service, you are agreeing to the following Terms of Service (“TOS”), regardless of whether or not you are a registered customer of the Company. The TOS may be updated from time to time without notice to you. However, you can always find the latest TOS at https://beachsweat.com/terms/ and should check regularly for updates and changes.
In addition, when using the Service, you shall be subject to any posted policies, guidelines or rules applicable thereto. All such policies, guidelines and rules are hereby incorporated by reference into the TOS. You further agree that, except as otherwise expressly provided in these TOS, there shall be no third-party beneficiaries to these TOS.
IF YOU DO NOT AGREE TO THE CURRENT TOS, PLEASE DO NOT USE THIS PLATFORM OR SERVICE, SINCE YOUR USE OF IT CONSTITUTES ACCEPTANCE OF ALL OF THE MOST CURRENT TOS FOR ITS USE.
Description of Service
The Company provides a web and app-based Service through the Platform, which is made available to users, on which said users may view, schedule, reserve, access, and participate in a wide variety of both live and pre-recorded fitness classes, which will be filmed and produced live in a studio of the Company’s choosing. Upon creating an account through the Platform, users will be provided with the option of purchasing fitness equipment for an additional fee, which may be provided and sold directly from the Company to the user, or through a designated third-party provided of the Company’s choosing. Some or all of the fitness classes offered through the Platform may require the use of certain fitness equipment, in order to adequately participate in said classes. It shall be the sole responsibility of the users to obtain the required (or recommended where applicable) fitness equipment needed to participate in such fitness classes. You hereby acknowledge and agree that no such fitness equipment (which may be required or recommended) shall be included in the subscription fee, but shall be made available through separate, one-off purchases, which shall be in addition to any such monthly or annual subscription payments you may be required to pay in order to access the Platform. Upon creating an account and enrolling in the users’ desired subscription plan through the Platform, users shall thereafter be provided with access to view and participate in both live and previously recorded fitness classes. The frequency, volume, and time-period during which said users shall have the ability to access and participate in such fitness classes, may vary based upon each user’s subscription-type in which they have enrolled. The Services, or a portion thereof, may feature what some may deem to be exotic content or material, which may not be suitable for minors, and as such, access to Platform and the use of the Services shall be limited strictly to adults of majority age, as further specified herein below. The Platform also contains a collection of various types of content made available through the Service, which may be provided to users in the form of audio, video, and/or various text features. This Content (as defined by Section 4 below) made available to users through the Platform and Service is in no way considered to be any form of professional physical fitness, diet, or medical advice, and is provided strictly for informational and entertainment purposes. In the event that any user feels that they may require the services of a dietician, medical professional or specialist, they are hereby advised to immediately seek those services from such professionals, as this Platform and the Services provided therethrough, are in no way intended to be a substitute or replacement of the services of such appropriate professionals.
THE SERVICE IS PROVIDED “AS IS” AND THE COMPANY ASSUMES NO RESPONSIBILITY FOR TIMELINESS IN THE GENERATION OF, OR PROVISION OF ACCESS TO ANY FITNESS CLASSES OR OTHER CONTENT, ERRORS IN CONTENT OR THE ACCURACY OF ANY INFORMATION CONTAINED THEREON, PERIODS OF INACTIVITY OR INABILITY TO USE THE PLATFORM OR SERVICE, OR FAILURE TO STORE ANY PARTICULAR INFORMATION, COMMUNICATION, OR WRITING. ADDITIONALLY, COMPANY PROVIDES ANY AND ALL INFORMATION OR CONTENT MADE AVAILABLE THROUGH THE SERVICE, WITHOUT WARRANTY OF ANY KIND AND AS SUCH, THE COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, OR RELIABILITY OF SUCH CONTENT OR INFORMATION.
Unless explicitly stated otherwise, any newly added features which may augment or enhance the Service, including without limitation the release of new Company properties, are subject to the then current TOS.
All users must abide by these TOS and the Company’s Code of Conduct. If a user fails to follow any of the guidelines and/or rules of behavior, the Company can discontinue said user’s ability to use the Platform or Service at any time. Additionally, the Company may elect to limit, suspend, or terminate any user’s account at any time, for any reason within the Company’s sole discretion. In addition, Company has the right, but not the obligation, to adjust, edit, or delete any materials, data, links, posts, remarks, or comments which the Company or any employee or agent thereof, may find objectionable, inappropriate, or to have been posted in error, within the Company’s sole discretion.
You may only use the Platform and Service for purposes expressly permitted by these TOS and the Company’s Code of Conduct. As a condition of your use of the Platform or Service, you represent and warrant to Company that you will not use the Platform or any Service offered therethrough for any purpose that is unlawful, offensive, and/or prohibited by these TOS or the Company’s Code of Conduct.
You alone are solely responsible for any activity that takes place on the Platform or through the Service under your username and password. If you become aware of any unauthorized use of your username and/or password it is your responsibility to notify the Company immediately. It is up to you to maintain the confidentiality of your password and username, at all times. Any sharing of your login credentials with any third-party shall result in the immediate termination of your account, along with your access to the Platform and Services.
You understand that you may receive business-related communications from Company such as Service announcements and account administrative notices, and you agree that these communications are not “unsolicited commercial email advertisements” and thus, subject to all applicable laws, you agree to receive such communications. You may unsubscribe from the receipt of such email communications at any time by sending an email requesting such un-subscription and/or cancellation to an email address that shall be designated specifically for receipt of such requests, however, the fulfillment of this request may affect the functionality of your use of the Platform or the Service and its ability to perform as intended. Additionally, even in the event that you unsubscribe from the marketing emails, if you are registered with an account or have requested that the Company contact you about certain services, you authorize the Company to send you important notices about such services and any pending transactions relating to these services, to any email address you have provided to Company throughout the registration process, or at any other time thereafter. It is your sole responsibility to ensure that the email address on file remains up to date, to be sure that important emails sent to you are not blocked or re-routed to spam folders.
As a user of the Platform and the Service, you also understand and agree that the Platform and/or Service may also include advertisements or links thereto. You agree that such advertisements are not “unsolicited commercial email advertisements” and, subject to all applicable laws, you agree to receive such communications. You understand and agree that your correspondence or business dealings with, or participations in promotions of, advertisers found on or through the Service, including payment and delivery of such third-party services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the advertiser, and therefore subject to the advertiser’s terms of service and privacy policy. You agree that the Company shall not be responsible nor liable for any loss or damages incurred or sustained as the result of such dealings or as the result of the presence of such advertisers on the Platform or through the Service.
YOU MUST BE AT LEAST 18 YEARS OF AGE TO ACCESS AND USE ANY PORTIONS OF THE PLATFORM OR SERVICE. YOU MUST BE ABOVE THE LEGAL AGE OF MAJORITY IN ORDER TO ACCESS THE PLATFORM AND/OR PARTICIPATE IN THE SERVICES. IF YOU ARE BELOW 18 YEARS OFAGE, DO NOT USE THIS PLATFORM OR THE SERVICES FOR ANY PURPOSE, AS IT IS NOT INTENDED FOR USE BY MINORS. AS A USER OF THE PLATFORM OR SERVICE, IT SHALL BE YOUR SOLE RESPONSIBILITY TO ENSURE THAT NO MINORS OR ANY OTHER UNAUTHORIZED USERS GAIN ACCESS TO YOUR ACCOUNT AND AS SUCH, IT SHALL BE YOUR SOLE RESPONSIBILITY TO ENSURE THAT APPROPRIATE SAFEGAURDS ARE PUT IN PLACE, IN ORDER TO PREVENT SUCH UNAUTHORIZED ACCESS OR USE.
Rules of Behavior
In addition to the conduct prohibited by the Company’s Code of Conduct, you hereby represent and warrant to the Company that you shall not, at any time, engage in any of the following conduct below:
You shall not abuse, defame, harass (sexually or otherwise), stalk, threaten, intimidate, or otherwise violate the legal rights of others.
You shall not violate the privacy or publicity rights of others.
You shall not take any action which may subject any fitness instructors, other users, or the public to any material or language (whether from you or any third-party) that is inappropriate, defamatory, infringing, obscene, vulgar, libelous, racially or ethnically hateful, sexually crude, objectionable, lewd, or unlawful (or promote or provide instructional information about illegal activities or communications that could reasonably cause damage, loss, harm, or injury to any individual or group).
You shall not take any action which may subject other users or the public to (a) anything that promotes or distributes pyramid schemes or chain letters, or (b) other disruptive, illegal or immoral communications of any kind.
You shall not take any action which could potentially exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or information, or otherwise exposing them to materials or information which in any way could cause damage, injury, or harm of any kind.
You shall not take any action which may subject other users or the public to anything which harvests or otherwise collects information about other users, including without limitation addresses, phone numbers, e-mail addresses, and/or financial information of any kind, without the users’ prior express consent in each instance.
You shall not take any action which may subject other users or the public to anything that advertises any commercial endeavor (e.g., offering for sale any 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), or solicits funds, advertisers or sponsors for any purpose.
You shall not take any action that infringes any patent, trademark, copyright, trade secret or other intellectual property or other legal right of another user or of any third-party without prior written permission from said user or third-party in each instance, which written permission you agree to disclose to the Company at any time upon Company’s request (subject to all applicable laws). You shall not intentionally download any material that you know or should reasonably know cannot be distributed legally.
You shall not impersonate another person, group of people, or entity at any time, and the prohibition of such activities shall also include not using anyone else’s username or password.
You shall not use the Platform or Service for any illegal, immoral, or unauthorized purpose.
You shall abide by all applicable Federal, State and local laws at all times. If you are outside of the United States, you shall comply with any and all local laws as well with respect to your online conduct, including without limitation, the exportation of data to the United States or to your country or residence.
You shall not modify, edit, or delete any Content or communications of the Platform or Service and/or of other users of the Service.
You shall not transmit any viruses, worms, defects, Trojan Horses or any items and/or computer code, files or programs of a destructive nature and/or otherwise designed to interrupt or limit the functionality of any computer software or hardware or telecommunications device.
You shall not transmit or allow access or distribution of any spiders, robots or other information gathering computer programs or routines or their equivalents on the Platform or in the Service.
You shall not take any action which disrupts the normal flow of Content on the Platform, or otherwise take any action which affects the ability of other people to engage in real-time activities through the Platform.
You shall not interfere with or disrupt the Platform, the Service, the servers, or networks connected with the Platform or Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Platform or Service.
You shall not create member accounts under any false or fraudulent pretenses (including by automated means).
You shall not retrieve, store or collect personal information about any user for any unauthorized purpose, and may not retrieve, store, or collect personal information about any user for any valid purpose without such user’s prior written consent in each instance (and acknowledgment that they are at least 13 years of age).
You shall not engage in any “spamming” of any kind, including without limitation ad spamming.
You shall not use the Company’s or Platform’s name or trademarks or related trade names, which you acknowledge here to be valid, subsisting and enforceable without impediment, and you will not expressly or by implication create the false or misleading impression that the Company or the Platform is associated with, or endorses, or is in any way connected with you or any company or business with whom you are associated.
WHILE THE COMPANY EXPLICITLY PROHIBITS THE ABOVE CONDUCT, YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE EXPOSED TO SUCH CONDUCT AND CONTENT, AND THAT YOU SHALL USE THE PLATFORM AND SERVICES ENTIRELY AT YOUR OWN RISK, AND THAT THE COMPANY SHALL HAVE NO LIABILITY OF ANY KIND FOR SUCH CONDUCT AS CARRIED OUT BY ANY THIRD-PARTY AT ANY TIME, UNLESS EXPRESSLY SET FORTH TO THE CONTRARY BY THE COMPANY IN WRITING.
YOU UNDERSTAND AND AGREE THAT THE COMPANY MAY, AT ANY TIME AND WITHIN ITS SOLE DISCRETION, TERMINATE YOUR USE OF THE PLATFORM AND SERVICE IMMEDIATELY, WITHOUT PRIOR NOTICE AND WITHOUT ANY RIGHT TO A REFUND, SET-OFF, OR HEARING, IN THE EVENT THAT YOU VIOLATE ANY OF THE RULES OF BEHAVIOR OR THE COMPANY’S CODE OF CONDUCT, OR FOR ANY OTHER REASON WHICH THE COMPANY MAY DEEM TO BE APPROPRIATE, WITHIN ITS SOLE DISCRETION.
Content
As a user of the Platform or Service, you will be provided access to a variety of materials and information, which may include, but shall not be limited to certain text, audio, video, photographs, graphics, and other informational data. All materials contained on the Platform, whether uploaded by the Company or by any third-party, shall be considered (“Content”). Company does not warrant or guarantee any Content uploaded by the Company, nor does it screen, warrant, guarantee, or endorse any Content uploaded by any third-party.
The Company shall have no liability of any kind with respect to any Content listed on the Platform, or your use or reliance thereon. You agree that you must assess and bear all risks associated with your use of any Content of the Platform, or contained in any links found on the Platform. In this regard, you may not rely on any Content created by the Company or by any third-party, or otherwise created, distributed and displayed on any part of the Service. The Company does not control or monitor all of the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content.
You acknowledge that Company may or may not pre-screen Content and that the Company and its designees shall have the right, but not the obligation, in its sole discretion to pre-screen, refuse, move, edit, and/or delete any Content that violates these TOS, which was posted on the Platform or through the Service in error, and/or is otherwise objectionable as determined by the Company in its sole discretion.
The Company may preserve and store your account information if it believes in good faith that such preservation is necessary to comply with legal or regulatory processes, respond to claims that your actions may violate the rights of third-parties, and/or to protect the rights, property or personal safety of the Company or its officers, employees and agents, the Platform, the Service, users of the Platform or Service, or the general public.
The Company respects the intellectual property of others and the Company requests its users do the same. In certain circumstances and at its discretion, the Company may, but is not obligated to disable, suspend and terminate the accounts of users who may be infringing on the rights of others. If you believe that your intellectual property has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please contact the Company as soon as practically possible with the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of where the material you claim is infringing is located on the Platform;
your name, address, telephone number, and email address;
a statement claiming that you have a good faith belief that the disputed use has not been authorized; and
a statement by you made under penalty of perjury, that the above information is accurate and that you are the copyright or intellectual property holder or are authorized to act on behalf of the holder.
Upon receiving a sufficient and proper notification of alleged copyright infringement as described above, the Company will remove or disable access to the allegedly infringing content and promptly notify the alleged infringer of your claim. Please submit your statement to the Company by mail, fax or email as set forth below:
Beach Sweat Inc.
https://beachsweat.com/
Email: info@beachsweat.com
Mailing Address:
Beach Sweat Inc. Copyright Agent
1142 Okeechobee Rd #8
West Palm Beach, FL 33401
Payments
In order to use or access certain features or limited Content through the Platform and Services offered by the Company, you may be required to pay a subscription fee, depending on the type of subscription and user account you have enrolled in through the Platform and Service. Any such subscription fees which may be applicable may be billed on a recurring monthly basis, or payable upfront for the entire year, depending upon the Service enrolled in, and pursuant to the current pricing structure of each Service offered at the time of enrollment. In the case of any such subscription fees, if applicable, the descriptions of the subscription Services, access to any fitness classes or any other amenities which may be offered, and access to the Services and certain Content which may be made available to you by Company for enrollment, along with the cost of each subscription or Service, shall be detailed on the https://beachsweat.com/sign-up/ page of the Platform. The costs of such Services and the access, features, and amenities provided with the subscription, through the Platform and/or Services, shall be subject to change at any time at the Company’s sole discretion. Any updates or changes in access or pricing will be posted on the https://beachsweat.com/sign-up/ page of the Platform.
Depending on the applicable subscription enrolled in, the Services and corresponding subscription fee you select may automatically renew at the end of each billing cycle, if the Services are not cancelled prior to the last business day before the next scheduled billing date. As such, in the event that you wish to cancel or terminate your subscription, it is your sole responsibility to follow the cancellation procedures specified on the https://beachsweat.com/register/your-membership/ page of the Platform, in order to properly submit a request for the termination of your subscription, at least 72 hours prior to the next scheduled billing date on your user account, if you wish to avoid receiving any further charges for the Services. The Company may modify its subscription and termination/modification policies or designated procedures at any time, within its sole discretion.
In order to make said payments required to satisfy any applicable subscription fees, or to otherwise compensate the Company for any other Services offered through the Platform, you may be asked to input personal and/or banking information, including but not limited to, credit card information, billing addresses, bank account information, or account information for other payment Services offered, such as PayPal or other similar payment methods made available by the Company, at the time of said purchase. The Company hereby reserves the right to add, retract, change, or discontinue the allowance of the use of any particular payment method offered on the Platform, at any time within Company’s sole discretion. Any such payments shall be made in strict accordance with both the terms hereof, and the terms of service of any third-party (where applicable), which the Company may elect to use for the processing of such payments, at any time within Company’s sole discretion.
NO REFUNDS: The Company shall be under no obligation to refund any payments made to the Company, however, the Company may elect to issue any refunds it may deem appropriate, at any time within the Company’s sole discretion.
Links
Through the Service, the Company or other third-parties may provide links to other websites or resources, which are not maintained by or related to the Platform or Service. Links to such websites are provided as a service to the users and are not sponsored by, endorsed or otherwise affiliated with the Company. The Company has no control over these websites and their content, and makes no representations or warranties about the content, completeness, quality or accuracy of the links, materials or information contained on any such websites. Therefore, you acknowledge and agree that the Company is not responsible for the availability of such links, resources and content, and does not endorse, and is not responsible or liable for, any content, advertising, products, or other materials made available on or from these linked websites. You also acknowledge and agree that the Company is not responsible or liable, directly or indirectly, for any damage or loss caused by or alleged to have been caused by, or in relation to, the use of any materials, goods or services offered through these links or any failures and/or disruption to your mobile device or computer system that results from your use of any such links, or for any intellectual property or other third-party claims relating to your posting or using such links.
Indemnity
You agree to indemnify, defend, and hold the Company, its subsidies, affiliates, officers, agents, and other partners and employees, harmless from any and all loss, cost, injury, liability, claims, damages, or demand of any kind, including actual attorney’s fees and related costs, made by or arising out of your use of the Platform or Service in violation of these TOS and/or your violation of any rights of another individual or entity, or your violation of any applicable law, rule or regulation.
No Resale of Service
You agree not to, without the express prior written consent of the Company in each instance: reproduce, duplicate, copy, sell, resell, or exploit, for any commercial or other purposes, any portion of the Platform, Service, Content or other information or materials of any kind that you do not own.
Modification and Termination of the Service
The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Platform or Service (or any part thereof) with or without notice. You agree that the Company will not be liable to you or any third-party for the consequences of any modification, suspension or discontinuance of the Service.
Company Privacy Policy
The storage and any use of personal and other certain information shall be subject to Company’s Privacy Policy. As a condition of using the Platform or Service you agree to the terms of the Privacy Policy, as it may be changed and updated from time to time. The Company’s Privacy Policy, which is incorporated herein by reference, is located at https://beachsweat.com/privacy-policy/. You agree that your use of this Platform or Service is subject to the Privacy Policy, and therefore, agree that you will not use this Platform or Service unless and until you review the Privacy Policy and agree with its terms in its entirety. The Platform has been designed to retain and process only that personal information which is absolutely necessary for the provision of the Services contemplated hereunder, and such retention and processing shall only take place in strict accordance with the terms of the Company’s Privacy Policy. Data protection and user privacy have been taken into consideration with respect to the design of the Platform.
Registration
In order to use or access any aspects of the Platform or Services offered therethrough, you will be required to register for an account. Under no circumstances shall any non-members or unregistered individuals be permitted to access the Platform, the Services, or any of the Content offered therethrough. The Company refers to registered users as “members.” As a member, you may be required to pay for certain features and/or certain fitness equipment, in order for you to be able to sufficiently and adequately use and/or participate in the fitness classes or other Services which may be offered through the Platform. Registered users are subject to the following specific terms in addition to all of the other terms in these TOS:
In consideration of your use of the Platform or Services, you represent that you are of legal age to form a binding contract, which is eighteen (18) years of age in the United States, and are not a person barred from receiving the Services under the laws of the United States or other applicable jurisdiction.
You agree to provide true, accurate, current and complete information as required on the Platform’s registration form. You hereby acknowledge and agree that if you provide any information that is untrue, incomplete, not current or inaccurate, the Company may elect to suspend or terminate your account and refuse your current or future use of the Platform or Service (or any portion thereof).
You understand, acknowledge, and agree that in order to participate in some of the Services offered through the Platform, you may be required to provide company with personal/financial information which may include but shall not be limited to information pertaining to financial institutions you hold accounts with, bank account information, and credit card account information.
You agree that the Company may, for any reason in its sole discretion, and without prior notice, immediately terminate your account, any associated username and/or access to the Platform or Service. Cause for such termination may include, but shall not be limited to:(i) a breach or violation of the TOS or other Company policies, guidelines, or rules (including without limitation the Privacy Policy), (ii) your engagement in any form or harassment, or any other form of sexually crude behavior, (iii) your extended periods of inactivity, (iv) your engagement in fraudulent or illegal activity, (v) unexpected technical or security issues, and (vi) requests by law enforcement or other government agencies. You also agree that any termination shall be within Company’s sole discretion and that the Company will not be liable to you or any third-party for any termination of your account, password, username, deletion of materials or information, and/or access to the Platform or Service.
You agree that your account is non-transferable and any rights to your account, password, username, terminate upon your death or disability and/or termination of account for any reason.
You are responsible for any activities that take place under your username and password. If you become aware of any unauthorized use of your password or account, or any other breach of security, contact the Company immediately. It is up to you to maintain the confidentiality of your password and account. The Company is not responsible or liable for any loss or damage arising from your failure to comply with the provisions of these TOS.
Practices regarding Use and Storage
You acknowledge that the Company may establish general practices and limits regarding use of the Platform or Services offered therethrough including, without limitation, the maximum number of fitness classes permitted to be accessed per user per day, week, month, or year, the maximum number of fitness classes any user may attend in any given day, week, month, or year, the frequency, volume, and maximum size of any comments, email messages, or other method of communication that may be sent from or received by an account through the Platform or Service, or the maximum amount of disk space that will be allotted on Company’s servers on your behalf. You agree that the Company has no responsibility or liability for the deletion or failure to store or transmit any messages, data, communications or other Content maintained or transmitted by or through the Service or Platform. You acknowledge and agree that the Company reserves the right to log off accounts and deactivate usernames and accounts that are inactive for an extended period of time. You further acknowledge that the Company has the right to modify these practices and limits from time to time, at any time within Company’s sole discretion.
Company Proprietary Rights; Trademarks and Copyrights
You acknowledge and agree that the Platform and Services offered therethrough, any video or audio Content which may be transmitted through the Platform or Services (“Music”), along with any necessary software used in connection with the Platform or Services (“Software”) contain proprietary and confidential information that is the property of the Company and its licensors, and is protected by applicable intellectual property and other laws. No rights or title of to any of the Software or Music used in connection with the Platform or any Service offered therethrough is provided, transferred or assigned to you. You further acknowledge and agree that any and all content contained in advertisements or information presented to you through the Platform, the Services, or advertisers, is protected by copyright, trademarks, service marks, patent, privacy, and/or other proprietary rights and laws. Except as expressly authorized in writing by the Company or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Platform, the Services, the Software, or the Music, in whole or in part, at any time. You also acknowledge the Company’s exclusive rights in the Company’s trademark and service mark. Trademarks, service marks, logos, music, art, and/or other copyrighted works appearing on the Platform or through the Services are the property of the Company or the third-party that provided such intellectual property (and the right to use such intellectual property) to the Company. The Company and any party that provides any such intellectual property to the Company, shall retain all rights with respect to any of their respective intellectual property appearing on the Platform or through the Service, and no rights in such materials are transferred or assigned to you, in whole or in part, at any time.
No Co-Branding or Framing
You may not use or authorize any party to co-brand or frame the Platform or any Service offered therethrough without the express prior written permission of an authorized representative of the Company, as applicable, in each instance. For purposes of these TOS, “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 any materials associated with the Platform or Service, in whole or in part, and/or any content accessible within the Platform or Service. For purposes of these TOS, “framing” refers to displaying any Company associated Platform or Service within a bordered area of another website, regardless of whether the web-address of the originating Platform is visible. You further agree to cease any unauthorized co-branding or framing immediately upon notice from the Company.
Disclaimer of Warranties
THE USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ACCESS TO THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
THE COMPANY MAKES NO WARRANTY THAT (1) THE SERVICE OR CONTENT OFFERED THEREON WILL MEET YOUR REQUIREMENTS, (2) ACCESS TO THE PLATFORM AND SERVICES OR CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, AND/OR THAT ANY ERRORS IN THE PLATFORM OR SERVICES WILL BE CORRECTED (3) THE ELIGIBILITY OF ANY PROGRAM OFFERED BY THE COMPANY THROUGH THE PLATFORM, ACCESS TO ANY FITNESS CLASSES, OR THAT ANY OTHER SERVICE OFFERED THERETHROUGH WILL BE ACCESSIBLE AT ANY GIVEN TIME, (4) THE QUALITY, ACCURACY, OR RELIABILITY OF ANY CONTENT OR INFORMATION PROVIDED ON THE PLATFORM OR THROUGH THE SERVICES, OR (5) THE SERVICES ACCESSED, PURCHASED, OR OBTAINED THROUGH YOUR USE OF THE PLATFORM WILL MEET YOUR EXPECTATIONS.
YOUR USE OF THE PLATFORM AND SERVICES, AND YOUR PARTICIPATION IN ANY FITNESS CLASSES OFFERED, OR ANY OTHER ACTIVITY, AMENITY, OR FEATURE OF THE SERVICES PARTICIPATED THEREIN, SHALL BE DONE SOLELY AT YOUR OWN RISK, TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW. THE COMPANY HEREBY FULLY DISCLAIMS ANY LIABILITY RELATING TO, AND THE COMPANY MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ARISING OUT OF, IN CONNECTION WITH, OR WITH RESPECT TO YOUR PARTICIPATION IN ANY SUCH FITNESS CLASSES, OR USE OF ANY OTHER SERVICES WHICH MAY BE OFFERED THROUGH THE PLATFORM.
UNDER NO CIRCUMSTANCE SHALL THE COMPANY BE LIABLE FOR ANY ACT, ERROR OR OMISSION BY ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, THOSE WHICH MAY ARISE OUT OF OR ARE IN ANY WAY PERTAINING TO YOUR PARTICIPATION IN ANY SUCH FITNESS CLASSES, OR USE OF ANY OTHER SERVICES WHICH MAY BE OFFERED THROUGH THE PLATFORM.
No advice or information, whether oral or written, obtained by you from the Company or through or from the Platform or Service, shall create any warranty not expressly stated in these TOS.
Limitation of Liability
You hereby expressly acknowledge and agree that the Company will not be liable to you for any direct, indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to, damages resulting from personal injury, death, or dismemberment, damages for loss of use, data, or other intangible losses, costs, fees, monetary losses, or losses of other benefits, even if the Company has been advised of the possibility of such damages or such damages were reasonably foreseeable, resulting from the use or the inability to use Platform or Services themselves, or through the use of and/or reliance upon any Content or information offered through the Platform or Service, unauthorized access to or alteration of your transmissions or data, statements or conduct of any third-party including advertisers on the Platform or Service, the cost of procurement of substitute goods or services resulting from any services, materials, goods, data, or information purchased or obtained, or messages received, or transactions entered into through or from the Platform or Service, and/or any other matter relating to the Platform or Service. In no event will the Company be liable to you for any amount of money over One Hundred U.S. Dollars ($100.00), which you acknowledge to be a fair and reasonable sum in the event of any loss by you of any kind.
Information Pertaining to Dietary, Medical or Professional Matters
If you receive or request any news, messages, or other information from or through the Platform or Service concerning any dietary, medical, or other professional inquiries/materials with respect to the Content or information displayed or offered through the Platform or Service, remember that the Platform and Service is provided for informational and entertainment purposes only, and no Content included or information made available through the Platform or Service is intended for, nor shall the same constitute any dietary, medical, or professional advisory or consulting services of any sort. The Company and its licensors shall not be responsible or liable for the accuracy, reliability, usefulness or availability of any Content or information transmitted or made available via the Platform or Service, and shall not be responsible or liable for any decisions or actions made by you or any other third-party based on such Content or information.
Dietary and Medical Information/Advice Disclaimer
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY FORM OF COST, DAMAGE, OR LOSS RESULTING FROM YOUR USE OF THE PLATFORM OR SERVICE, YOUR INABILITY TO USE THE PLATFORM OR SERVICE, YOUR RELIANCE UPON ANY CONTENT OR INFORMATION CONTAINED ON OR PROVIDED THROUGH THE PLATFORM OR SERVICE, OR ANY BUG, ERROR, OR MALFUNCTION INCURRING WITHIN THE PLATFORM OR SERVICE OR THE SYSTEMS OF ANY THIRD-PARTY APPLICATION, REGARDLESS OF WHETHER OR NOT THE SAME WAS OR MAY HAVE BEEN FORESEEABLE.
The Platform and Service do not contain any form of dietary, medical, or other professional advice, nor does Company provide the same. The Content of the Platform or Service, such as videos, audio content, text, graphics, images and other material are intended for informational purposes only and not for the purpose of rendering any dietary, medical, or other professional advice or consulting of any sort. The Content of the Platform or Service is not intended to substitute for professional dietary or medical advice. Although the Company takes efforts to keep information on the Platform updated, the Company cannot guarantee that the information on the Company’s Platform reflects the most up-to-date research.
Please consult your dietician, physician, or other appropriate medical professional for personalized dietary, medical, or other professional advice. Never disregard or delay seeking medical advice or consulting of any sort, because of something you have read on the Company’s Platform or through the Service.
Not all Content, products, services, techniques, or activities described on the Platform or through the Service are suitable for everyone. The Company does not recommend or endorse any specific services, products, processes, techniques, or any other information or Content provided on its Platform or through the Service. Reliance on any Content or information provided by the Company, its employees, any third-parties, or any other visitors to the Platform, is solely at your own risk. You understand and agree that you are solely responsible for your use of the Platform and Service.
Waiver and Release
YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU SHALL BE SOLELY LIABLE AND RESPONSIBLE FOR DETERMINING WHETHER ANY FITNESS CLASSES OR OTHER SERVICES OFFERED THROUGH THE PLATFORM OR SERVICE ARE APPROPRIATE FOR YOU, AT THE TIME OF PARTICIPATING IN SUCH CLASSES OR SERVICES.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT THERE MAY BE INHERENT AND ASSOCIATED RISKS AND DANGERS IN PERFORMING PHYSICAL EXERCISE AND THAT THE TRAINING YOU MAY ENGAGE IN THROUGH THE PLATFORM OR SERVICES, MAY OFFER A BROAD RANGE OF ACTIVITY REQUIREMENTS AND INTENSITY LEVELS. THROUGH YOUR USE OF THE PLATFORM AND SERVICE, YOU HEREBY ACKNOWLEDGE AND AGREE, ON BEHALF OF YOURSELF, YOUR HEIRS, PERSONAL REPRESENTATIVES AND/OR ASSIGNS THAT YOU HAVE BEEN MADE AWARE OF SUCH RISKS WHICH INCLUDE, BUT ARE NOT LIMITED TO, PROPERTY DAMAGE, ILLNESS, BODILY INJURY, DEATH, DISMEMBERMENT, OR ANY OTHER FORM OF LOSS. YOU HEREBY ACKNOWLEDGE AND AGREE THAT CERTAIN RISKS ARE UNABLE TO BE MANAGED OR ELIMINATED IN THEIR ENTIRETY, AND THAT YOU HEREBY EXPRESSLY ASSUME THE RISK OF SUSTAINING ANY INJURY, HARM, OR ANY OTHER FORM OF LOSS.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO CONSULT WITH YOUR PHYSICIAN OR OTHER APPROPRIATE HEALTH CARE PROVIDER PRIOR TO ATTENDING OR ENGAGING IN ANY SUCH FITNESS CLASSES OR OTHER ACTIVITIES OFFERED THROUGH THE PLATFORM OR SERVICES, AND TO DETERMINE WHETHER OR NOT DOING SO IS APPROPRIATE, GIVEN YOUR MEDICAL HISTORY AND STATE OF HEALTH. YOU HEREBY ACKNOWLDGE AND AGREE THAT YOU SHALL NOT ATTEND OR PARTICIPATE IN ANY FITNESS CLASSES OR OTHER SIMILAR SERVICES OFFERED, IN THE EVENT THAT YOUR PHYSICIAN OR OTHER HEALTH CARE PROVIDER HAS ADVISED AGAINST YOU DOING SO. YOU HEREBY ACKNOWLEDGE AND AGREE THAT IN THE EVENT THAT YOU EXPERIENCE FAINTNESS, DIZZINESS, PAIN OR SHORTNESS OF BREATH AT ANY TIME WHILE TRAINING OR PERFORMING ANY ACTIVITY, WHETHER DURING A FITNESS CLASS OR AT HOME USING ANY CONTENT OR INFORMATION YOU HAVE RECEIVED THROUGH THE PLATFORM OR SERVICES, THAT YOU SHALL STOP THE PERFORMANCE OF SUCH ACTIVITY IMMEDIATELY.
Personally Identifiable Information
The Company cautions you against giving out any personally identifying information about yourself, your children, or any other person in the use of any third-party link or interaction accessed through the Platform or Service. In an effort to preserve your privacy, the Company agrees that it will treat any personally identifying information that you submit through this Platform in accordance with the terms outlined in its Privacy Policy located at https://beachsweat.com/privacy-policy/.
Confirmation of Acceptance and Electronic Signatures
You hereby acknowledge and agree that any electronic signature, confirmation checkbox, acceptance button, or any further action of confirmation or agreement, which may be taken by you on the Platform or through the Services, shall be deemed valid, legally binding, and enforceable. You hereby acknowledge and agree that by clicking on any button labeled “I Accept,” “Confirm Purchase,” “Submit,” or any other similar button or action label, as may be designated by the Company to accept the terms of these TOS, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by these Terms.
Disclosures Required by Law
The Company reserves the right at all times to disclose any information, including personally identifiable information about you, as necessary to satisfy any applicable law, regulation, legal process or governmental request. The Company reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity of anyone posting any content, or publishing or otherwise making available any materials that are believed to violate the TOS. The Company, may but is not obligated to, use reasonable efforts to notify you in connection with any such inquiry; provided, however, that the inquiry in question is not confidential, and further provided that the Company shall have no duty to disclose such information and therefore shall not be liable to you in connection with any non-disclosure.
BY ACCEPTING THESE TOS, YOU WAIVE ALL RIGHTS AND AGREE TO HOLD COMPANY HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY, OR ANY LAW ENFORCEMENT OR REGULATORY AUTHORITIES.
Licenses Granted to Company
You shall be entitled to retain all of your ownership rights in any messages, posts, comments, or other submissions (“Communications”) you make on the Platform or through the Services. By submitting any Communications on the Platform or through the Services, you thereby grant the Company and its affiliates, sublicensees, partners, designees, and assignees of the Platform, a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, distribute, modify, adapt, translate, prepare alternate works of, publicly display, publish, and otherwise exploit such submissions and alternate works thereof in connection with the Platform or any Services offered therethrough, for any purpose, including, without limitation, for marketing or promotion through any media platforms currently existing or hereafter developed.
Disputes
If there is any dispute about or involving the Company and/or the Service, you agree that any dispute shall be governed by the laws of the State of Florida, without regard to conflict of law provisions. You agree to personal and exclusive jurisdiction by and venue in the state and federal courts of the Palm Beach County, Florida.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICE OR THESE TOS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
Miscellaneous Terms; General Information
These TOS, in conjunction with the Company’s Code of Conduct and any other active service agreements entered into by and between yourself and the Company, govern the terms and conditions of your use of the Platform and the Service, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Company with respect to the Platform or the Service. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Company’s Code of Conduct and Privacy Policy), guidelines, or rules that may apply when you use or purchase certain Content or products from the Platform or certain elements of the Service, affiliate or advertiser services, third-party content or third-party software. The Company may revise these TOS at any time by updating this posting, without providing notice to you. Accordingly, you should review the TOS periodically to determine if any changes have been made. Your continued use of this Platform after any changes have been made to the TOS signifies and confirms your acceptance of any such changes or amendments to these TOS.
The failure of the Company to exercise or enforce any right or provision of these TOS shall not operate as a waiver of such right or provision. Any waiver of the TOS by the Company must be in writing and signed by an authorized representative of the Company to be effective.
If any provision of these TOS is found by the applicable court of competent jurisdiction to be invalid, the parties’ intentions as reflected in the provision, and the other provisions of these TOS, shall remain in full force and effect.
The section titles throughout these TOS are for convenience only and have no legal or contractual effect.
Nothing contained in these TOS shall be construed to constitute either party as a partner, joint-venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each is and shall remain independent contractors (to the extent applicable), and therefore, responsible for its own actions.
Please immediately report any violations of these TOS to the following email address: info@beachsweat.com.
Beach Sweat Inc. Code of Conduct
Last modified on December 3, 2021
BY USING https://beachsweat.com/ AND THE BEACH SWEAT APP (COLLECTIVELY REFERRED TO HEREIN AS THE “PLATFORM” OR “BEACH SWEAT”) YOU AGREE TO THIS CODE OF CONDUCT (“CODE”) – PLEASE READ IT CAREFULLY.
This Code applies to your use of Beach Sweat and all Content on Beach Sweat and forms part of your agreement with us. This Code specifies what shall be, and what shall not be permitted on Beach Sweat.
In this Code, defined terms shall have the same meanings as in our Terms of Service.
A. You shall not use Beach Sweat except for your own personal use and do not sell, rent, transfer, or share your account or any Content obtained through your use of Beach Sweat to or with anyone else.
B. You shall only use Beach Sweat in a manner and for a purpose that is lawful.
C. You shall not upload, post, display, or publish Content on Beach Sweat that is illegal, fraudulent, defamatory, hateful, discriminatory, threatening or harassing, or which encourages or promotes violence or any illegal activity.
D. You shall not use Beach Sweat in any way which may exploit, harm, or attempt to exploit or harm any individual, regardless of their age or affiliation to Beach Sweat. This shall include both employees and agents of Beach Sweat, as well as other users of the Platform.
E. You shall not transmit, upload, post, display, or publish Content on Beach Sweat that:
I. shows, includes or refers to:
a. any other individual other than yourself unless you have written documentation which confirms that all individuals shown or included or referred to in your Content have provided written consent to use their name or images (or both) in the Content;
II. shows, promotes, advertises or refers to:
a. firearms, weapons, or any goods whose sale, possession or use is subject to prohibitions or restrictions;
b. drugs or drug paraphernalia;
c. self-harm or suicide;
d. violence, rape, lack of consent, hypnosis, intoxication, sexual assault, torture, or sadomasochistic abuse;
e. escort services, sex trafficking, or prostitution;
III. contains unsolicited sexual content or unsolicited language that sexually objectifies, or is otherwise directed at any Beach Sweat employee or agent, or another user or anyone else in a non-consensual way, or contains fake or manipulated sexual content in relation to another user or anyone else (including “deepfakes”);
IV. contains sexually explicit Content, obscene, or pornography;
V. contains, promotes, advertises or refers to hate speech (being Content intended to vilify, humiliate, dehumanize, exclude, attack, threaten, or incite hatred, fear of, or violence against a Beach Sweat employee or agent, or another user, or any other group or individual based on race, ethnicity, national origin, immigration status, caste, religion, sex, gender identity or expression, sexual orientation, age, disability, serious disease, veteran status, or any other protected characteristic);
VI. contains threatening, abusive, harassing, hateful, defamatory, discriminatory language, or incites hatred against any individual or group, or contains libelous, deceptive, fraudulent, language invasive to another’s privacy, or contains tortious, offensive, profane, or otherwise violent;
VII. contains Content which harms or exploits minors;
VIII. contains Content which depicts animal cruelty or violence towards animals;
IX. contains or refers to any Beach Sweat employee or agent, or another user, or anyone else’s personal data or private or confidential information (for example, telephone numbers, location information (including street addresses and GPS coordinates), names, identity documents, email addresses, log-in credentials for Beach Sweat including passwords and security questions, financial information including bank account and credit card details, biometric data, and medical records) without that person’s express written consent;
I. gives the impression that it comes from or is approved, licensed or endorsed by Beach Sweat or any other person or company;
II. causes or is calculated to cause inconvenience, or anxiety to any Beach Sweat employee or agent, or any other user, or anyone else or which is likely to upset, embarrass, or cause serious offence to anyone else;
III. is used or is intended to be used to extract money or another benefit from any Beach Sweat employee or agent, or any other user, or anyone else in exchange for removal of the Content;
IV. involves or promotes third party commercial activities or sales, such as contests, sweepstakes and other sales promotions, product placements, advertising, or job posting or employment ads, without our prior express consent, or which otherwise promotes fraudulent schemes, multi-level marketing (MLM) schemes, get rich quick schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-making ventures; and/or
V. contains Content which violates or is otherwise prohibited by any applicable law.
B. Any of your Content that you make available through Beach Sweat shall not contain nudity, violence, sexually explicit, or offensive subject matter as may be determined by Beach Sweat in its sole discretion. Before using any camera or microphone on your equipment, you are responsible for telling anyone within range of said camera or microphone, including members of your household and guests, that they may be seen and heard by Beach Sweat, its employees, agents, and other users of the Platform. You may not post or submit a photograph of another person, or otherwise make available any of your Content that includes the likeness of or audio or video content including another person without that person’s permission (or, if that person is minor, without the permission of his or her parent or legal guardian).
C. When participating in communication of any kind through the Platform, you are solely responsible for how you express yourself. You may not use language that could be deemed offensive or vulgar to others.
D. Hate speech and discriminatory language is inappropriate, as is any obscene or disruptive language. Threatening or harassing any Beach Sweat employee, agent or other user is always unacceptable, regardless of language used. Violating any of these expectations will result in the immediate suspension or termination of your account.
E. You shall not participate in or encourage any illegal or dangerous activities when communicating through the Platform, which may include but not be limited to illegal drug use, phishing, human trafficking, prostitution, doxing, swatting, or sharing Content that glorifies or incites violence. Threats of harm to yourself or others are taken seriously—so don’t make them, especially as a joke. If you see something that puts any Beach Sweat employee, agent, or other users at risk, please report the same immediately to Beach Sweat and the appropriate authorities.
F. Usernames, email addresses, and other forms of identification used throughout the Platform are subject to the same rules established in Section H, herein above. Any username or other identifier which you as the user, have the ability to customize, must be appropriate and inoffensive. Any username or identifier that violates our standards or disrupts the Beach Sweat employees, agents, or other users of the Platform, will be required to be changed immediately, and additional limitations, and/or suspension or termination may take effect with respect to the offending account, per Beach Sweat’s sole discretion.
G. You shall not use Beach Sweat to engage in misleading or deceptive conduct, or conduct that is likely to mislead or deceive any Beach Sweat employee or agent, or any other user.
H. Respect the intellectual property rights of Beach Sweat and any and all Beach Sweat employees, agents, and all other users, by not recording, reproducing, sharing, communicating to the public or otherwise distributing their Content without authorization.
I. You shall not do anything that violates Beach Sweat’s or someone else’s rights, including intellectual property rights (examples of which are copyright, trademarks, confidential information, and goodwill), personality rights, unfair competition, privacy, and data protection rights.
J. You shall not use Beach Sweat to stalk, bully, abuse, harass, threaten or intimidate anyone else.
K. You shall not impersonate Beach Sweat, one of Beach Sweat’s employees, another user, or any other person or company or falsely state or suggest any affiliation, endorsement, sponsorship between you and Beach Sweat or any other person or company.
L. You shall not provide false account registration information or make unauthorized use of anyone else’s information or Content.
M. You shall not post or cause to be posted any Content which is spam, or which is otherwise inauthentic, repetitive, misleading or low quality.
N. You shall not use other media or methods (for example the use of codewords or signals) to communicate anything which violates this Code.
O. You shall not reproduce, print, distribute, attempt to download, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any Content, except as permitted under the Beach Sweat Terms of Service.
P. You shall not knowingly, directly or indirectly, introduce any viruses, trojans, worms, logic bombs or other material into Content which is or may be malicious or technologically harmful.
Q. You shall not decompile, disassemble, reverse engineer, or otherwise attempt to discover or derive any of the source code or other intellectual property of Beach Sweat.
R. You shall not use Beach Sweat in a way that could adversely affect our systems or security or interfere with any Beach Sweat employee or agent, or any other user’s use of Beach Sweat, including their ability to engage in real time activities through Beach Sweat.
S. You shall not use any automated program, tool or process (such as web crawlers, robots, bots spiders, and automated scripts) to access Beach Sweat or any server, network or system associated with Beach Sweat, or to extract, scrape, collect, harvest or gather Content or information from Beach Sweat.
T. You shall not use Beach Sweat’ name, logo or any related or similar names, logos, product and service names, designs, or slogans other than with our prior written consent to do so.
Breaches of this Code may lead to your account being suspended or terminated, as set out in the Beach Sweat Terms of Service.