Hybrid Calisthenics Mobile App
Terms of Service
Last Updated: November 10, 2023
PLEASE READ THIS LEGAL DOCUMENT CAREFULLY. Hybrid Calisthenics LLC (together with our affiliates, “Hybrid Calisthenics”, “we”, or “us”) provides an online fitness platform and related products, services, content and features, including through this Hybrid Calisthenics mobile, desktop, or device applications (including iOS and Android application (“App”)) In these Terms of Service (the “Terms”), the Hybrid Calisthenics Apps, along with all products, services, content and features thereon, are collectively referred to as the “Hybrid Calisthenics Service” or “the Services”. By registering as a user, you (as a “user”) accept and agree to be bound by these Terms, which form a binding agreement between you and Hybrid Calisthenics.
These Terms apply only to your interaction with this App, and do not apply to your interaction with any other Hybrid Calisthenics websites or apps, including websites you may access through this App. Our websites and other apps may have their own terms and conditions of use, which we encourage you to read.
PLEASE READ: THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER (SECTION 15). READ CAREFULLY, INCLUDING YOUR RIGHT, IF APPLICABLE, TO OPT OUT OF ARBITRATION. EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN SECTION 15 BELOW, OR WHERE PROHIBITED BY LAW, BY ENTERING INTO THESE TERMS YOU EXPRESSLY AGREE THAT DISPUTES BETWEEN YOU AND HYBRID CALISTHENICS WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU HEREBY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
If you do not wish to be bound by these Terms, you may not access or use the Hybrid Calisthenics Service. Certain elements of the Hybrid Calisthenics Service may be subject to additional terms and conditions specified from time to time; your use of those elements of the Hybrid Calisthenics Service is subject to those additional terms and conditions, which are incorporated into these Terms by this reference.
1. License to Use the Hybrid Calisthenics Service
License. Subject to your compliance with these Terms and solely for so long as you are permitted by us to access and use the Hybrid Calisthenics Service, Hybrid Calisthenics grants you a limited, non-transferable, non-exclusive, revocable right and license to access and use the Hybrid Calisthenics Service for your own personal, non-commercial purposes, a right which may not be assigned or sublicensed to anyone. This license includes the right to view Content (defined below) available on the Hybrid Calisthenics Service and the right to download one copy of the application to any single device for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. This license will remain in effect unless and until you violate these Terms or this license is terminated by you or Hybrid Calisthenics.
Rights Granted to the App. Subject to your compliance with these Terms, Hybrid Calisthenics grants to you a limited, non-exclusive, non-transferable, revocable license, with no right to sublicense, to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. Except as expressly permitted in these Terms, you may not:
copy, modify, or create derivative works based on the App;
distribute, transfer, sublicense, lease, lend or rent the App to any third party;
reverse engineer, decompile, or disassemble the App; or
make the functionality of the App available to multiple users through any means.
Hybrid Calisthenics reserves all rights in and to the App not expressly granted to you under these Terms.
Accessing App from an App Store. The following terms apply to any App accessed through or downloaded from any app store or distribution platform (like the Apple App Store or Google Play) where the App may now or in the future be made available (each an “App Provider”). You acknowledge and agree that:
These Terms are between you and Hybrid Calisthenics and not with the App Provider, and Hybrid Calisthenics (not the App Provider) is solely responsible for the App.
The App Provider has no obligation to furnish any maintenance and support services with respect to the App. Hybrid Calisthenics, not the App Store, is solely responsible for the App, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance, consumer protection, privacy, or intellectual property infringement).
In the event of any failure of the App to conform to any applicable warranty, you may notify the App Provider, and the App Provider will refund the purchase price for the App to you (if applicable) and, to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Hybrid Calisthenics.
The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to:
product liability claims;
any claim that the App fails to conform to any applicable legal or regulatory requirement; and
claims arising under consumer protection or similar legislation.
In the event of any third party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, Hybrid Calisthenics will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by these Terms.
The App Provider and its affiliates are third-party beneficiaries of these Terms as related to your license to the App, and that, upon your acceptance of the Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third-party beneficiary thereof.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a terrorist-supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties; (iii) you are not otherwise subject to or affected in any way by any national security or terrorism related rules, whether applicable to you personally or to your location or other circumstances. If you are unable to make the acknowledgements and representations in this paragraph, you are not permitted to download, use, or access the App.
You must also comply with all applicable third-party terms of service when using the App.
Restrictions. Except as expressly permitted in writing by an authorized representative of Hybrid Calisthenics, you will not reproduce, redistribute, sell, transfer, create derivative works from, decompile, reverse engineer, or disassemble the Hybrid Calisthenics Service, nor will you take any measures to interfere with or damage the Hybrid Calisthenics Service. Unless otherwise specified, copying or modifying any Content or using Content for any purpose other than your personal, non-commercial use of the Hybrid Calisthenics Service, including use of any such Content on any other website or networked computer environment, is strictly prohibited. All rights not expressly granted by Hybrid Calisthenics in these Terms are reserved.
2. Privacy
Please review our Privacy Policy to learn about (i) what information we may collect about you; (ii) what we use that information for; and (iii) with whom we share that information.
3. Account Registration and Requirements; Subscriptions.
Registering Your Account. In order to access Hybrid Calisthenics Service, you will be required to become a Registered User. For purposes of these Terms, a “Registered User” is a user who has registered an account with the Hybrid Calisthenics Service (“Account”).
Registration Data. In creating and registering an Account, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (the “Registration Data”); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You must provide complete and accurate registration information to Hybrid Calisthenics and notify us if any of your information changes. If you fail to keep your account information up to date, we may have to suspend or terminate your Subscription or your access to the Hybrid Calisthenics App.
You are responsible for all activities that occur under your Account. You agree that you will monitor your Account to restrict use by minors under the age of 13, and you will accept full responsibility for any unauthorized use of your Account by minors under the age of 13.
If you provide any information that is untrue, inaccurate, not current or incomplete, or Hybrid Calisthenics has reasonable grounds to suspect that any information you provided is or has become untrue, inaccurate, not current or incomplete, Hybrid Calisthenics has the right to suspend or terminate your Account and refuse any and all current or future use of the Hybrid Calisthenics Service (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself.
You agree not to create an Account or use the Hybrid Calisthenics Service if you have been previously removed by Hybrid Calisthenics, or if you have been previously banned from the Hybrid Calisthenics Service.
Your Account. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of Hybrid Calisthenics.
Subscriptions. To enjoy full access to the Hybrid Calisthenics Service, in addition to registering as a Registered User, you may be required to enter into a subscription for access to our personalized user experiences and other premium services, including access to Hybrid Calisthenics personal trainers, Content, and other premium features (a “Subscription”). A Subscription can be purchased via a third-party App Provider where Hybrid Calisthenics makes the Hybrid Calisthenics App available (e.g., Apple App Store or Google Play Store). Your Subscription is also governed by these Terms.
Billing Cycles and Auto-Renewal. Any Subscription will recur on a successive basis for the period of the same length, as applicable, until it is canceled in accordance with these Terms. Billing occurs at the beginning of the Subscription cycle and provides access for the term specified at the time of your Subscription registration, as applicable. By purchasing a Subscription, you acknowledge that your Subscription has recurring payment features and accept responsibility for all recurring payment obligations before the cancellation of your Subscription by you or Hybrid Calisthenics. You may change or terminate your Subscription in your account settings.
Cancellation of Subscriptions. If you terminate your Subscription, you may use your Subscription until the end of the then-current period, and your Subscription will not be renewed after that period expires. However, you will not be eligible for a prorated refund of any portion of the Subscription fee paid for the then-current Subscription period from Hybrid Calisthenics. For purchases made through the Apple App Store, refunds, if any, will be processed exclusively by Apple in accordance with Apple’s refund policy, available at https://support.apple.com/en-us/HT204084. Please refer to the Apple refund policy for instructions on how to request a refund, or check the status of your refund. For purchases made through the Google Play, refunds, if any, will be processed exclusively by Google in accordance with the Google Play refund policy. Hybrid Calisthenics does not offer and will not process any refunds to you for your purchases in connection with and through any of our Apps, including any Subscription fees.
Amount to be Charged. Hybrid Calisthenics will provide information on its then-current Subscriptions requirements and applicable fees through the Hybrid Calisthenics Service. Features and prices are subject to change. Subscription Holders agree to pay the fee specified when they purchased their Subscription (plus any applicable taxes and other charges). Your failure to terminate and/or continued use of your Subscription reaffirms that we are authorized to charge you for that Subscription. We may submit those charges for payment, and you will be responsible for such charges. This does not waive our right to seek payment directly from you. You represent and warrant that you have the legal right to use all payment method(s) you provide us. Your authorizations in this section also apply to our payment processors and other companies acting as billing agents for us. You hereby authorize us to charge your specified payment method on a periodic basis, as applicable, in line with your Subscription cycle, in advance, for your Subscriptions and/or to place a hold on your payment method for any unpaid charges for your Subscriptions. You agree that these Terms shall be accepted as authorization to the issuer of your payment method to pay any amounts described herein without requiring a signed receipt from you. You authorize us to continue to attempt to charge and/or place holds for all sums described herein, or any portion thereof, to your payment method until such amounts are paid in full. You agree to provide updated payment information upon request, and at any time, the information you previously provided is no longer valid. You acknowledge and agree that neither Hybrid Calisthenics nor any Hybrid Calisthenics agent will have any liability whatsoever for any insufficient funds or other charges incurred by you due to attempts to charge and/or place holds on your specified payment method as contemplated by these Terms.
Registration and Subscription Requirements. A “Subscription Holder” is any Registered User who enters into and pays the applicable Subscription fees for a Subscription. You must be at least 18 years old, or the age of legal majority in your jurisdiction of residence, to purchase a Hybrid Calisthenics Subscription and become a Subscription Holder.
A “Subscriber” is any individual with access to a Hybrid Calisthenics Subscription, for personal, non-commercial use, excluding individuals who are Registered Users with a free account to the Hybrid Calisthenics Service. You must be at least 13 years old to become a Subscriber or a Registered User of a free account. If you are a parent or legal guardian of a Subscriber or a Registered User under the age of 18 years old, you are subject to these Terms and responsible for that Subscriber’s or Registered User’s activity on the Hybrid Calisthenics Service by allowing them to use the Hybrid Calisthenics Service.
We may, in our sole discretion, refuse to offer the Hybrid Calisthenics Service to any person or entity and change the eligibility criteria at any time. You are solely responsible for ensuring that these Terms are in compliance with all laws, rules and regulations applicable to you, and the right to access and use the Hybrid Calisthenics Service is revoked where these Terms or use of the Hybrid Calisthenics Service is prohibited or conflicts with any applicable law, rule or regulation.
Further, the Hybrid Calisthenics Service is offered only for your personal, non-commercial use, and not for the use or benefit of any third party.
Account Security. You are responsible for all activity that occurs under your Account, including any activity by unauthorized users. You may not allow others to use your Account; this includes furnishing your username and password to third-party developed applications to connect to your Account for any reason. You must safeguard the confidentiality of your password, and if you are using a device that others have access to, log out of your Account after using the Hybrid Calisthenics Service. If you become aware of unauthorized access to your account, change your password and notify our support team immediately.
4. Termination; Account Deletion
Term. These Terms begin on the date you first use the Hybrid Calisthenics Service and continue as long as you have an Account with us and/or continue to use the Hybrid Calisthenics Service.
Termination. Hybrid Calisthenics may, in Hybrid Calisthenics’ sole discretion, suspend, disable, or delete your Account (or any part thereof, including any Subscription) or block or remove any User Content (defined below) or Registration Data that you submitted, for any lawful reason, including if Hybrid Calisthenics determines, in its sole discretion, that (i) you have violated these Terms, (ii) your conduct or User Content would tend to damage Hybrid Calisthenics’ reputation or goodwill, (iii) your payment is overdue; or (iv) you have engaged in conduct that is a violation of any applicable law or tariff (including, without limitation, copyright and intellectual property laws); or (v) you have engaged in conduct that is threatening, abusive, or harassing to Hybrid Calisthenics employees, agents, or other Registered Users, including, for example, making threats to physically harm or damage property. Hybrid Calisthenics may block your access to the Hybrid Calisthenics Service to prevent re-registration.
Effect of Termination / Account Deletion. Upon termination of these Terms all licenses granted by Hybrid Calisthenics will terminate. If we terminate or suspend your Subscription or access to the Hybrid Calisthenics Service, your license to use any software or content provided in connection with your Account or Subscription is also terminated or suspended (as applicable). If your Subscription or access to the Hybrid Calisthenics Service is terminated, Hybrid Calisthenics has the right to immediately delete all data, files, and other information stored in or for your Account without further notice. The following sections survive termination: Privacy (Section 2), User Content (Section 5), Indemnification (Section 8), No Warranties (Section 10), Limitation of Liability (Section 11), Safety Warnings (Section 12), Intellectual Property (Section 13), Arbitration Requirement & Class Action Waiver (Section 15), Contracting Entities, and Governing Law and Jurisdiction (Section 16). In the event of Account deletion for any reason, User Content and Registration Data may no longer be available and Hybrid Calisthenics is not responsible for the deletion or loss of such User Content or Registration Data. For clarity, if you cancel your Subscription or it is terminated for any reason, you will lose access to all premium services or features provided through the Hybrid Calisthenics Service in connection with such Subscription.
5. User Content
“Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and other data or information or other materials that are posted, generated, provided or otherwise made available through the Hybrid Calisthenics Service. ”User Content” means any content that users (including you) provide to be made available through the Hybrid Calisthenics Service. Content includes, without limitation, User Content.
Any User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent and warrant that all User Content submitted by or on behalf of you is accurate, complete, up-to-date, and in compliance with these Terms and with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Hybrid Calisthenics Service is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. To the full extent permitted by law, we make no representations, warranties or guarantees with respect to any Content that you access on or through the Hybrid Calisthenics Service.
As between you and Hybrid Calisthenics, you represent that you own (or have all rights necessary to grant Hybrid Calisthenics the rights below to) all User Content that you submit to the Hybrid Calisthenics Service and that Hybrid Calisthenics will not need to obtain licenses from any third party or pay royalties to any third party in order to use such User Content. You grant Hybrid Calisthenics a worldwide, perpetual, irrevocable, non-exclusive, sublicensable (through multiple tiers), transferable royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or later created), edit, modify, and make derivative works from your User Content (including, without limitation, translations) for any purpose whatsoever, commercial or otherwise, without compensation to you. In addition, you waive any so-called “moral rights” or rights of privacy or publicity in your User Content. If you make suggestions to Hybrid Calisthenics or through the Hybrid Calisthenics Service about improving or adding new features or products to the Hybrid Calisthenics Service or you otherwise provide feedback, product or service reviews, or testimonials, you hereby grant to Hybrid Calisthenics a worldwide, perpetual, irrevocable, non-exclusive, sublicensable (through multiple tiers), transferable royalty-free license and right to use, copy, modify, create derivative works based upon and otherwise exploit your suggestions, feedback, reviews and testimonials for any purpose (including for marketing), without any notice, compensation, or other obligation to you.
You can remove your User Content by specifically deleting it.
6. General Prohibitions and Hybrid Calisthenics’ Enforcement Rights
You agree not to do any of the following:
Post, upload, publish, submit, or transmit any User Content or engage in any activity that:
infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
violates or encourages any conduct that would violate any applicable law or regulation or would give rise to civil liability;
is fraudulent, false, misleading, or deceptive;
is defamatory, obscene, pornographic, vulgar, or offensive;
promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group;
is violent or threatening or promotes violence or actions that are threatening to any person, animal, or entity;
exploits minors or
promotes illegal or harmful activities or substances;
Use, display, mirror or frame the Hybrid Calisthenics Service or any individual element within the Hybrid Calisthenics Service, Hybrid Calisthenics’ name, any Hybrid Calisthenics trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Hybrid Calisthenics’ express written consent;
Access, tamper with, or use non-public areas of the Hybrid Calisthenics Service, Hybrid Calisthenics’ computer systems, or the technical delivery systems of Hybrid Calisthenics’ providers;
Attempt to probe, scan or test the vulnerability of any Hybrid Calisthenics system or network or breach any security or authentication measures;
Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Hybrid Calisthenics or any of Hybrid Calisthenics’ providers or any other third party (including another user) to protect the Hybrid Calisthenics Service or Content;
Bypass any territorial restrictions, including IP address-based restrictions that may be applied to the Hybrid Calisthenics Service;
Attempt to access, scrape or search the Hybrid Calisthenics Service or Content or download Content from the Hybrid Calisthenics Service, including through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data mining tools, plugins, add-ons or the like), other than the software and/or search agents provided by Hybrid Calisthenics or other generally available third-party web browsers;
Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters, or other form of solicitation;
Use any meta tags or other hidden text or metadata utilizing a Hybrid Calisthenics trademark, logo URL, or product name without Hybrid Calisthenics’ express written consent;
Use the Hybrid Calisthenics Service or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms or permitted expressly in writing by Hybrid Calisthenics;
Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Hybrid Calisthenics Service or Content to send altered, deceptive, or false source-identifying information;
Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Hybrid Calisthenics Service or Content;
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Hybrid Calisthenics Service;
Collect or store any personally identifiable information from the Hybrid Calisthenics Service from other users of the Hybrid Calisthenics Service without their express permission;
Copy, use, index, disclose or distribute any information or data obtained from the Hybrid Calisthenics Service, whether directly or through third parties (such as search engines), without Hybrid Calisthenics’ express written consent;
Alter, replicate, store, distribute, or create derivatives from the Content available via the Hybrid Calisthenics Service except as expressly permitted in writing by Hybrid Calisthenics;
Impersonate or misrepresent your affiliation with any person or entity;
Access, use, or exploit the Hybrid Calisthenics Service in any manner (other than as expressly permitted by these Terms), including to build, develop (or commission the development of), replicate, or consult upon any product or service that may compete (directly or indirectly) with Hybrid Calisthenics or the Hybrid Calisthenics Service;
Violate any applicable law or regulation; or
Encourage or enable any other individual to do any of the foregoing.
Although we’re not obligated to monitor access to or use of the Hybrid Calisthenics Service or Content or to review or edit any User Content, we have the right to do so for the purpose of operating the Hybrid Calisthenics Service, to ensure compliance with these Terms, to comply with applicable law or other legal requirements and to maintain the integrity and reputation of the Hybrid Calisthenics Service and Hybrid Calisthenics’ systems. We reserve the right, but are not obligated, to remove or disable access to any User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any User Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Hybrid Calisthenics Service. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
7. User Interactions, Dealings with Third Parties
When interacting with other Hybrid Calisthenics users, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other people you don’t know. Your participation, correspondence, or personal or business dealings with any third party found on or through the Hybrid Calisthenics Service, whether regarding payment or delivery of specific goods and services, donations or fundraisers, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that Hybrid Calisthenics is not responsible or liable for any loss, damage, injury, or other matters of any sort incurred as the result of such dealings.
8. Indemnification
You agree to indemnify, defend, and hold harmless Hybrid Calisthenics and its directors, officers, employees, and agents, from and against all claims, damages, losses and costs that arise from or relate to
your activities on the Hybrid Calisthenics Service,
any User Content submitted by or on behalf of you or
your violation of these Terms.
9. Third Party Links and Content
There may be links on the Hybrid Calisthenics Service that let you leave the particular Hybrid Calisthenics Service you are accessing in order to access a linked site that is operated by a third party. Hybrid Calisthenics neither controls nor endorses these sites, nor has Hybrid Calisthenics reviewed or approved the content that appears on them. Hybrid Calisthenics is not responsible for the legality, accuracy or inappropriate nature of any content, advertising, products or other materials on or available from any such third party sites. You acknowledge and agree that Hybrid Calisthenics is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the access or use of any of the links, content, goods or services available on or through these third party sites.
10. No Warranties
Hybrid Calisthenics reserves the right to modify the Hybrid Calisthenics Service, including, but not limited to updating, adding to, enhancing, modifying, removing or altering any Content or features of the Hybrid Calisthenics Service, at any time, in its sole discretion. You are responsible for providing your own access (e.g., mobile device, Internet connection, etc.) to the Hybrid Calisthenics Service. Hybrid Calisthenics has no obligation to screen or monitor any Content and does not guarantee that any Content available on the Hybrid Calisthenics Service is suitable for all users or that it will continue to be available for any length of time.
Hybrid Calisthenics provides the Hybrid Calisthenics Service on an “AS IS” and “AS AVAILABLE” basis. You therefore use the Hybrid Calisthenics Service at your own risk. To the extent permitted by law, Hybrid Calisthenics expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, quiet enjoyment, good and workmanlike services, accuracy of informational content, system integration, and any other warranty that might arise under any law. Without limiting the foregoing, Hybrid Calisthenics makes no representations or warranties:
That the Hybrid Calisthenics Service is or will be permitted in your jurisdiction;
That the Hybrid Calisthenics Service will be uninterrupted or error-free;
Concerning any Content, including User Content;
Concerning any third party’s use of User Content that you submit;
That the Hybrid Calisthenics Service will meet your personal or professional needs;
That Hybrid Calisthenics will continue to support any particular feature of the Hybrid Calisthenics Service; or
Concerning sites and resources outside of the Hybrid Calisthenics Service, even if linked to from the Hybrid Calisthenics Service.
To the extent that another party may have access to or view Content on your device, you are solely responsible for informing such party of all disclaimers and warnings in these Terms. TO THE EXTENT ANY DISCLAIMER OR LIMITATION OF LIABILITY DOES NOT APPLY, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL APPLICABLE EXPRESS, IMPLIED, AND STATUTORY WARRANTIES WILL BE LIMITED IN DURATION TO A PERIOD OF 30 DAYS AFTER THE DATE ON WHICH YOU FIRST USED THE HYBRID CALISTHENICS SERVICE, AND NO WARRANTIES SHALL APPLY AFTER SUCH PERIOD.
11. Limitation of Liability
To the fullest extent permitted by law:
Hybrid Calisthenics shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, economic or pure economic losses, goodwill, use, data, service interruption, computer damage, system failure, inability to use the Hybrid Calisthenics Service or Content or other intangible losses, even if a limited remedy set forth herein is found to have failed its essential purpose; and
Hybrid Calisthenics’s total liability to you for all claims, in the aggregate, will not exceed the lesser of (i) the amount actually paid by you to Hybrid Calisthenics over the 3 months preceding the date your first claim(s) arose, or (ii) $100.
If you live in a jurisdiction that does not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation does not apply to you. To the extent that one or any aspect of Hybrid Calisthenics’ limitations set out above do not apply, all remaining aspects survive. The exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between Hybrid Calisthenics and you.
12. Safety Warnings
THE HYBRID CALISTHENICS SERVICE OFFERS HEALTH AND FITNESS INFORMATION AND IS DESIGNED FOR EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY. YOU SHOULD CONSULT YOUR PHYSICIAN OR GENERAL PRACTITIONER BEFORE BEGINNING A NEW FITNESS PROGRAM OR ENGAGING IN ANY EXERCISES. YOU SHOULD NOT RELY ON THE INFORMATION AVAILABLE ON THE HYBRID CALISTHENICS SERVICE AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN, GENERAL PRACTITIONER OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTHCARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ OR HEARD ON THE HYBRID CALISTHENICS SERVICE. THE USE OF INFORMATION PROVIDED THROUGH THE HYBRID CALISTHENICS SERVICE IS SOLELY AT YOUR OWN RISK AND IS NOT MEDICAL OR HEALTHCARE ADVICE.
NOTHING STATED OR POSTED ON THE HYBRID CALISTHENICS SITE OR AVAILABLE THROUGH ANY HYBRID CALISTHENICS SERVICE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THESE TERMS, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. THE HYBRID CALISTHENICS SERVICE IS CONTINUALLY UNDER DEVELOPMENT AND, TO THE FULL EXTENT PERMITTED BY LAW, HYBRID CALISTHENICS MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT THE HEALTH, FITNESS AND NUTRITIONAL ADVICE THAT APPEARS HERE. NO ASSURANCE CAN BE GIVEN THAT THE ADVICE CONTAINED IN THE HYBRID CALISTHENICS SERVICE WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.
In becoming a user of the Hybrid Calisthenics Service, you affirm that either (A) all of the following statements are true:
no physician or general practitioner has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician or general practitioner;
you have never felt chest pain when engaging in physical activity;
you have not experienced chest pain when not engaged in physical activity at any time within the past month;
you have never lost your balance because of dizziness and you have never lost consciousness;
you do not have a bone or joint problem that could be made worse by a change in your physical activity;
your physician or general practitioner is not currently prescribing drugs for your blood pressure or heart condition;
you do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems; and
you do not know of any other reason you should not exercise; or
(B) your physician or general practitioner has been specifically consulted by you and approved of your use of the Hybrid Calisthenics Service.
If applicable, you further affirm that you are not pregnant, breastfeeding or lactating; unless your physician or general practitioner has been specifically consulted and approved your use of the Hybrid Calisthenics Service.
Hybrid Calisthenics reserves the right to refuse or cancel your Account if we determine that you have certain medical conditions or that the representations set forth above are untrue in any respect.
YOU EXPRESSLY AGREE THAT YOUR WORKOUTS AND ATHLETIC ACTIVITIES CARRY CERTAIN INHERENT AND SIGNIFICANT RISKS OF PROPERTY DAMAGE, BODILY INJURY, OR DEATH, AND THAT YOU VOLUNTARILY ASSUME ALL KNOWN AND UNKNOWN RISKS ASSOCIATED WITH THESE ACTIVITIES EVEN IF CAUSED IN WHOLE OR PART BY THE ACTION, INACTION OR NEGLIGENCE OF HYBRID CALISTHENICS OR BY THE ACTION, INACTION OR NEGLIGENCE OF OTHERS.
YOU EXPRESSLY AGREE TO RELEASE HYBRID CALISTHENICS, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, PARTNERS AND LICENSORS FROM ANY AND ALL LIABILITY IN CONNECTION WITH YOUR WORKOUTS AND ATHLETIC ACTIVITIES AND/OR USE OF THE HYBRIC CALISTHENICS SERVICES, AND PROMISE NOT TO SUE HYBRID CALISTHENICS, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, PARTNERS AND LICENSORS FOR ANY CLAIMS, ACTIONS, INJURIES, DAMAGES, OR LOSSES ASSOCIATED WITH SUCH USE.
13. Intellectual Property Acknowledgment
You acknowledge that the Hybrid Calisthenics Service contains software and other content that is protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Hybrid Calisthenics-generated content, and content provided to Hybrid Calisthenics by its partners and licensors, is copyrighted individually and/or as a collective work under the U.S. copyright laws and all applicable international copyright (or equivalent) laws in all jurisdictions and protected under other intellectual property laws worldwide; further, as between you and Hybrid Calisthenics, Hybrid Calisthenics own intellectual property rights in the selection, coordination, arrangement and enhancement of all content in the Hybrid Calisthenics Service.
14. Intellectual Property Usage and Reporting Infringement
Hybrid Calisthenics respects the intellectual property of others, and we ask our users to do the same. Each user is responsible for ensuring that their User Content does not infringe any third party’s right or other intellectual property rights.
Hybrid Calisthenics will respond to notices of alleged copyright infringement that comply with applicable law. If you believe in good faith that any materials accessible on or from the Hybrid Calisthenics Service infringe your copyright, you may request removal of those materials (or access to them) from the Hybrid Calisthenics Service by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:
1. Your physical or electronic signature.
2. An identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Hybrid Calisthenics Service, a representative list of such works.
3. An identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material, such as a link to the material.
4. Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
5. The following statement: "I have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law."
6. The following statement: "I swear, under penalty of perjury, that the information in this written notice is accurate and that I am the copyright owner, or am authorized to act on behalf of the copyright owner, of an exclusive right that is allegedly infringed."
7. Your electronic or physical signature as the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
Our designated Copyright Agent to receive DMCA Notices is:
Copyright Management
Hybrid Calisthenics LLC
PO Box 1
Gepp, AR 72538
Phone: 479-715-8397
Email: copyright@hybridcalisthenics.com
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Hybrid Calisthenics Service is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
15. ARBITRATION AGREEMENT & CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS MAY AFFECT YOUR LEGAL RIGHTS. APPLICABLE TO THE FULL EXTENT PERMITTED BY LAW.
1 . Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or Content, (each, a “Dispute” and collectively, the “Disputes”) will be resolved solely by binding, individual arbitration, unless expressly provided otherwise in this Section 15, and not in a class, representative or consolidated action or proceeding. You and Hybrid Calisthenics agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms and that YOU AND HYBRID CALISTHENICS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. This Section 15 shall survive the termination of these Terms.
2 . Exceptions and Opt-out Option. The only exceptions to Section 15 are the following:
you or Hybrid Calisthenics each may seek to resolve an individual Dispute in small claims court if it qualifies.
you or Hybrid Calisthenics each may seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our respective intellectual property rights.
you may opt out of arbitration entirely and litigate any Dispute individually if you provide us with a signed, written notice of your decision to do so pursuant to Section 15.9 below; however, if you are opting out of an updated version of this arbitration provision, you understand that you will remain subject to the prior version of any arbitration provision to which you had previously agreed.
3 . Initial Dispute Resolution and Notification. You and Hybrid Calisthenics agree that, prior to initiating an arbitration or other legal proceeding, you and Hybrid Calisthenics will attempt to negotiate an informal resolution of the Dispute. To begin this process, and before initiating any arbitration or legal proceeding against Hybrid Calisthenics, you must send a Notice of Dispute (“Notice”) by certified mail to the attention of Hybrid Calisthenics’ Legal Department at the Hybrid Calisthenics address set out in Section 19 of these Terms. For purposes of these Terms, initiating an arbitration means filing an arbitration demand (“Demand”).
Your Notice to Hybrid Calisthenics must contain all of the following information: (1) your full name, address, Hybrid Calisthenics username, and the email address associated with your Hybrid Calisthenics Account; (2) a detailed description of the nature and basis of the Dispute; (3) a description of the relief you want, including any money damages you request; and (4) your signature verifying the accuracy of the Notice and, if you are represented by counsel, authorizing Hybrid Calisthenics to disclose information about you to your attorney.
After receipt of your Notice, you and Hybrid Calisthenics shall engage in a good-faith effort to resolve the dispute for a period of 60 days, which both sides may extend by written agreement (“Informal Dispute Resolution Period”). During the Informal Dispute Resolution Period, neither you nor Hybrid Calisthenics may initiate an arbitration or other legal proceeding.
If the Dispute is not resolved during the Informal Dispute Resolution Period, you may initiate an individual arbitration as provided below.
4 . Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims, counterclaims, or request for relief under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other disputes shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, we will mutually select a different arbitration administrator. If we cannot agree, a court will appoint the arbitration administrator.
An arbitration Demand filed with JAMS must include a certification signed by the filing party verifying compliance with the Initial Dispute Resolution and Notification requirements and other requirements set out in this Section 15.
Any arbitration hearing will take place in or nearest to the county or municipality where you live, unless you and Hybrid Calisthenics agree to a different location or to a virtual hearing. You and Hybrid Calisthenics may choose to have the arbitration conducted by telephone, or based on written submissions.
The arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement, except that only a court of competent jurisdiction as set forth in Section 16 of these Terms (and not an arbitrator) shall have the exclusive authority to resolve any claim that all or part of the Class Action Waiver set forth in these Terms is unenforceable, unconscionable, void, or voidable. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available under applicable law, the arbitral forum’s rules, and these Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Hybrid Calisthenics.
6 . Arbitration Costs. Payment of all arbitration filing fees and costs will be governed by the applicable JAMS rules, as set forth in Section 15.4. If you prevail on your claim in arbitration, Hybrid Calisthenics will reimburse you for any portion of the arbitration filing fees you paid that exceeded the amount you would have paid to file a complaint in a court of competent jurisdiction pursuant to Section 16. If Hybrid Calisthenics prevails on your claim in arbitration, and the arbitrator finds that your claim was frivolous or filed in bad faith, the arbitrator may award Hybrid Calisthenics reimbursement from you of Hybrid Calisthenics’ arbitration filing fees and costs.
7 . Offer of Settlement. Hybrid Calisthenics may, but is not obligated to, make a written offer to settle your claim at least 14 days before the arbitration hearing date. The amount or terms of any settlement offer may not be disclosed to the arbitrator until after the arbitrator issues an award on the claim. If an award is issued in your favor but is less than Hybrid Calisthenics’ settlement offer, the arbitrator may order you to pay the arbitration costs incurred by Hybrid Calisthenics after its offer was made, unless otherwise prohibited by the underlying law governing your claim.
8 . Class Action Waiver. YOU AND HYBRID CALISTHENICS AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, EACH OF US MAY BRING CLAIMS (WHETHER IN COURT OR IN ARBITRATION) AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, CLAIMANT, OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, COORDINATED, PRIVATE ATTORNEY GENERAL, REQUEST FOR PUBLIC INJUNCTIVE RELIEF, OR REPRESENTATIVE PROCEEDING. This also means that you and Hybrid Calisthenics may not participate in any class, collective, consolidated, coordinated, private attorney general, request for public injunctive relief, or representative proceeding brought by any third party in connection with these Terms. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND HYBRID CALISTHENICS WAIVE ANY RIGHT TO A JURY TRIAL.
9 . Effect of Changes on Arbitration. Notwithstanding the provisions of Section 20 “ Modification”, if Hybrid Calisthenics changes any terms of this Section 15 after the date you first accepted these Terms or any subsequent changes to these Terms, you may reject the new changes to Section 15 by sending us written notice, personally signed by you, by certified mail to the attention of Hybrid Calisthenics’ Legal Department at the Hybrid Calisthenics address set out in Section 19 of these Terms within 30 days of the date such change became effective, as indicated by the later of (1) the “ Last Updated” date of the Terms you seek to reject or (1) the date of Hybrid Calisthenics’ email to you notifying you of such change. Even if you reject a change, you will remain subject to Section 15 of the last version of the Terms you had accepted, as modified by any changes that you did not reject.
10 . Severability. If any portion of this Section 15 is found to be void, invalid, or otherwise unenforceable, then that portion shall be deemed to be severable and, if possible, superseded by a valid, enforceable provision, or portion thereof, that matches the intent of the original provision, or portion thereof, as closely as possible. The remainder of Section 15 and all other Terms shall continue to be enforceable and valid.
16. Contracting Entities, Governing Law and Jurisdiction
These Terms shall be governed by the laws of the State of New York, consistent with the Federal Arbitration Act, without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply. Exclusive jurisdiction for all Disputes that are not required to be arbitrated will be the state and federal courts located in New York, New York, and you consent to the jurisdiction of those courts.
17. Interpretation; Severability; Waiver; Remedies
Headings are for convenience only and shall not be used to construe these Terms. If any term of these Terms is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from these Terms. No failure or delay by Hybrid Calisthenics in exercising any right hereunder will waive any further exercise of that right. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Hybrid Calisthenics. Hybrid Calisthenics’ rights and remedies hereunder are cumulative and not exclusive.
18. Successors; Assignment; No Third Party Beneficiaries
These Terms are binding upon and will inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign or transfer these Terms without Hybrid Calisthenics’ prior written consent. Hybrid Calisthenics may assign its rights, obligations and/or these Terms at any time in its sole discretion without notice to you. Except as set forth in this Section and for certain third-party beneficiary rights granted to each App Provider in Section 1, these Terms are not enforceable by any persons or entities who are not a party to these Terms.
19. Notices
You consent to receive all communications including notices, agreements, disclosures, or other information from Hybrid Calisthenics electronically. Hybrid Calisthenics may communicate by email or by posting to the Hybrid Calisthenics Service. For all notices to Hybrid Calisthenics, write to the following address:
Hybrid Calisthenics LLC
PO Box 1
Gepp, AR 72538
20. Modification
We may update these Terms at any time, in our sole discretion. If we do so, we’ll let you know by, at a minimum, posting the updated Terms (as indicated by a revised “Last Updated” date at the top of this page) through the Hybrid Calisthenics Service. Modifications will be effective on the date that they are posted to the Hybrid Calisthenics Service. It’s important that you review the Terms whenever we update them before you use the Hybrid Calisthenics Service. If you continue to use the Hybrid Calisthenics Service after we have posted updated Terms, you agree to be bound by the updated Terms. If you don’t agree to be bound by the updated Terms, then, except as otherwise provided in Section 15.9 “Effect of Changes on Arbitration,” you may not use the Hybrid Calisthenics Service anymore. Because the Hybrid Calisthenics Service is evolving over time we may change or discontinue all or any part of the Hybrid Calisthenics Service, at any time and without notice, at our sole discretion.
21. Entire Agreement
These Terms, in addition to our Privacy Policy, which is incorporated here by reference, represent the entire understanding between Hybrid Calisthenics and you regarding the Hybrid Calisthenics Service or Content and supersede all prior agreements and understandings regarding the same. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
22. Force Majeure
Neither party shall be liable for any failure or delay in performance under these terms (other than for delay in the payment of money due and payable in accordance with these Terms) for causes beyond the party’s reasonable control and not caused by that party’s fault, or negligence, including, but not limited to, “acts of God”, acts of government, flood, fire, civil unrest, acts of terror, strikes or other labor problems, computer attacks or malicious acts, such as attacks on or through the internet, any internet service provider, telecommunications or hosting facility, but in each case, only if and to the extent that the non-performing party is without fault in causing such failure or delay, and the failure or delay could not have been prevented by reasonable precautions and measures and cannot reasonably be circumvented by the non-conforming party through the use of alternate sources, workaround plans, disaster recovery, business continuity measures or other means. Dates by which performance obligations are scheduled to be met will be extended for a period of time equal to the time lost due to any delay so caused.
23. Email Communications.
By entering into these Terms or using the Services, and by providing your email accounts during Account registration, you expressly agree and affirmatively consent to receive communications from us, including via e-mail and in-App push notifications.
You can unsubscribe from marketing email communications at any time. To stop receiving our promotional emails, follow the unsubscribe instructions in the email messages you receive from us. We will process your request as soon as practicable after receipt, in accordance with applicable laws. Note that you will continue to receive transaction-related emails regarding products or services you have requested. We may also send you certain non-promotional communications regarding Hybrid Calisthenics and our Services and, to the extent permitted by law, you will not be able to opt-out of those communications (e.g., communications regarding updates to our Terms or our Privacy Policy).
If you lose or plan to give up the email accounts that are linked to your Account and form a part of your Registration Data, you will unsubscribe from future communications to such email accounts, and agree to update all Registration Data in a timely manner. You represent and warrant that you own and control all Registration Data, including the email account(s). You agree to indemnify, defend, and hold harmless Hybrid Calisthenics for any privacy, tort, or other claims or regulatory actions relating to your voluntary provision of an email account that is not owned by you, or your failure to promptly notify Hybrid Calisthenics of any changes in your contact information. You agree that your obligation to indemnify, defend, and hold Hybrid Calisthenics harmless from and against any and all such claims extends to any and all losses, liability, costs and expenses (including reasonable attorneys’ fees) that Hybrid Calisthenics may incur or otherwise be subject to as a result of such claims. Hybrid Calisthenics will have the exclusive right to choose counsel, at your expense, to defend any such claims.