Terms of Service
Terms of Service
Last updated: September 21, 2024
PLEASE READ THIS LEGAL DOCUMENT CAREFULLY.
PLEASE READ: THESE TERMS & CONDITIONS CONTAIN A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER (SECTION 19). PLEASE READ THIS SECTION CAREFULLY, AS IT AFFECTS YOUR LEGAL RIGHTS.
Evlo Fitness, LLC (together with our affiliates, “Evlo”, “we”, “our” or “us”) provides an online fitness community and related products, services, content and features through our platforms, such as our website available at www.evlofitness.com (the “Website”) and on-site pop-up locations, and through mobile, desktop, or device applications (including iOS and Android applications (“Apps”)) and Evlo-controlled social media pages (including on Facebook, Instagram, Spotify and YouTube) (collectively, our “Platforms”). The Evlo Website, Apps and Platforms, along with the Evlo studio interfaces, together with the services and products offered on or through the Website, Apps, and Platforms, are collectively called “the Services”. By registering as a member or subscriber of Evlo or by visiting, browsing, or using the Services in any way, you (as a “user”) accept and agree to be bound by these Terms of Service (these “Terms”), which form a binding agreement between you and Evlo.
We reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms at any time in our sole discretion. You should check these Terms periodically for changes. From time to time, we may supplement these Terms with additional terms and conditions pertaining to specific content, activities or events (“Additional Terms”). Such Additional Terms may be placed on the Website to be viewed in connection with the specific content, activities, features or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms. By using the Services after we post any changes to these Terms, you are deemed to have accepted those changes, whether or not you have reviewed them. If you do not agree to, or do not wish to be bound by, these Terms, you may not access or use the Services. These Terms begin on the date you first access or use any of the Services and continue as long as you have a Subscription (as defined below) account with us and/or continue to use the Services.
If you do not comply with these Terms at any time, we reserve the right to terminate, delete and/or deactivate your password, user account, and/or present or future access to the Services (or any part thereof). In our sole discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of the Services, including, but not limited to, restricting or terminating any user’s right to use the Services. You agree that any termination or cancellation of your access to, or use of, the Services may be effected without prior notice. Further, you agree that we shall not be liable to you or any third-party for any termination or cancellation of your access to, or use of the Services.
Upon termination of these Terms for any reason, all licenses granted by us to you herein will terminate; provided, however, that the following sections shall survive termination: Privacy (Section 4), User Content (Section 6), Indemnification (Section 10), No Warranties (Section 13), Limitation of Liability (Section 14), Safety Warnings (Section 15), Intellectual Property (Section 16), Arbitration Requirement & Class Action Waiver (Section 18), Contracting Entities, Governing Law and Jurisdiction (Section 19), and all general provisions.
- Account and Subscription Terms.
To enjoy full access to the Services, you must register as a member through the Website and enter into a subscription agreement for access to our live and on-demand classes, Content (as defined herein) and features (each, a “Subscription”).
You must provide complete and accurate registration information to us in connection with your purchase of a Subscription. You are responsible for keeping your billing and account information up-to-date, and you must promptly notify us if your payment method is cancelled (e.g., due to loss or theft) or if you become aware of a potential breach of security. If you fail to keep your account information up to date, we may have to suspend or terminate your Subscription.
When purchasing a Subscription or otherwise using the Services, you may not use someone else’s name, or any name, location, other public profile information or image that violates any third-party rights, is against the law, or that is offensive, obscene or otherwise objectionable (as determined in our sole discretion).
You are responsible for all activity that occurs under or through your Subscription, including any activity by unauthorized users. You may not allow others to use your Subscription. You must safeguard the confidentiality of your password associated with your account, and if you are using a device that is or may become accessible by others, you must log out of your account after using the Services. If you become aware of an unauthorized access to your account, change your password and notify our Support team immediately using the contact information included below.
We will provide information on our then-current Subscription membership requirements on the Website and/or by other means through the Services. All paid Subscriptions automatically renew at the end of their monthly or annual terms, as applicable. The Subscription renewal date will be the day immediately following the end date of your current Subscription period. You will not be eligible for a prorated refund of any portion of the Subscription fee paid for the then-current Subscription period, except as otherwise may be required pursuant to applicable law. You represent and warrant that you have the legal right to use all payment method(s) you provide us. You further acknowledge and agree that we will not 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.
To the extent permitted by applicable law, we reserve the right to increase our prices at any point in our sole discretion; provided, that the increased price shall not take effect until the next renewal period of your Subscription. The payment method used for the initial Subscription purchase will be charged at the end of the Subscription term outlined in your receipt, unless you update such payment method prior to the renewal date. Our use of such information shall be governed by our Privacy Policy. By purchasing a Subscription, you acknowledge that your Subscription has recurring payment features and accept responsibility for all recurring payment obligations prior to any cancellation of your Subscription by you or us.
If you wish to cancel your Subscription, you can do so at any time by accessing your account details on the Website. Once your Subscription has been canceled, you will retain access to all paid features throughout the remainder of the term of the Subscription you purchased. If we are unable to process your Subscription renewal, your account may temporarily be suspended from access to paid features and will remain suspended until a valid payment method is used. Further, we reserve the right to immediately suspend, disable, or terminate your account or any part thereof and all or a portion of your Subscription or access to the Services without notice if (a) you provide false or inaccurate information in connection with your use of the Services or purchase of a Subscription, (b) you engage in conduct that is a violation of applicable law in connection with your use of the Services, (c) you violate these Terms, (d) you engage in abusive, harassing, or threatening conduct to other users or Evlo staff, employees, or agents, or (e) your use of the Services or your User Content (as defined herein) tend to damage Evlo’s reputation or goodwill. If your account or Subscription is terminated or suspended for any reason, your license to use any software or Content provided in connection with the Subscription is also terminated or suspended (as applicable). In the event of account suspension or deletion for any reason, User Content may no longer be available, and we are not responsible for the deletion or loss of such User Content. For clarity, if you cancel your Subscription or it is terminated for any reason, you will lose access to all live and on-demand classes and any other Content or features provided through the Services. We, in our sole discretion, may make available a very limited amount of Content or features to non-subscribers from time to time, and any use of that Content is governed by these Terms.
We may offer promotions or discounts related to Subscriptions from time to time. Please read the details of those offers carefully, as any additional terms presented during the signup process will form part of these Terms. Unless specified in writing, all discount offers that require payment are non-refundable (including but not limited to annual and/or gifted subscriptions). Any trial or other promotion must be used within the specified time frame of the trial or promotion. You may be required to have a valid payment method on file to initiate a trial; in this case, if you do not cancel before your trial period ends, your account will be converted to a paid Subscription and charged per these Terms.
If you have any questions or concerns regarding your account or the Subscription you purchased, please contact us using the contact information included below.
2. Who May Use the Services.
You must be at least 18 years old, or the age of legal majority in your jurisdiction of residence, to purchase a Subscription or otherwise use the Services. If you are a parent or legal guardian of a user under the age of 18 years old, you are subject to these Terms and responsible for that user’s activity and use of the Services by allowing them to use the Services.
We may, in our sole discretion, refuse to offer the Services to any person or entity and change our 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 Services is deemed to be revoked where these Terms or use of the Services is prohibited or conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your personal, non-commercial use, and not for the use or benefit of any third party.
By purchasing a Subscription or otherwise using the Services, you agree that the Services are NOT intended to treat pain or be a replacement for physical therapy or other medical treatment. You acknowledge that injury can happen with any fitness program, and that you are solely responsible for any injury that may happen during any Evlo class, program, recommendation, or any other content from Evlo or your use of any of the Services.
3. License to Use the Services.
Subject to your compliance with these Terms and solely for so long as you are permitted by us to access and use the Services, we grant you a limited, non-transferable, non-exclusive, revocable right and license to access and use the Services 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 available on and in connection with the Services 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 Evlo.
Except as expressly permitted in writing by an authorized representative of Evlo, you will not reproduce, redistribute, sell, transfer, create derivative works from, decompile, reverse engineer, or disassemble the Services or any part thereof, nor will you take any measures to interfere with or damage the Services or any part thereof. Unless otherwise specified, copying or modifying any Content or using Content for any purpose other than your personal, non-commercial use of the Services, including use of any such Content on any other website or networked computer environment, is strictly prohibited. All rights not expressly granted by Evlo in these Terms are reserved.
4. Privacy.
Please review the Privacy Policy for information regarding the type of information we may collect from you or that you may provide us through the using or accessing the Services, and our procedures for collecting, using, maintaining, protecting, and disclosing that information.
5. Sale of Merchandise.
We may offer from time to time the opportunity for you to order Evlo merchandise, apparel or accessories (collectively, “Merchandise”) offered through the Website or any of the Platforms. Availability of Merchandise cannot be guaranteed. Please note that product, service and other information provided on the Website or on our Platforms is subject to corrections and changes in our discretion without notice. Advertising depictions, graphics and diagrams related to the Merchandise are for illustrative purposes only and may not accurately reflect actual product or component availability. Merchandise colors, styles and other variants depicted are for illustration only and are subject to change. Errors will be corrected where discovered, and we reserve the right to revoke any stated offer and to correct any errors, inaccuracies or omissions in our discretion and without notice.
Unless otherwise specified at the time of purchase, you must pay for Merchandise when you place the applicable order. All Merchandise ordered will be delivered to the shipping address you provide when placing the applicable order. We reserve the right to cancel an order placed by you at any time and for any lawful reason prior to our delivery of the Merchandise and receipt of payment in full from you, provided that we will refund any fees that you prepaid for those products if we cancel such order. We may send an acknowledgment of receipt of your order to the email address you provide and/or proof of purchase information through the Services or to your email address after your payment has been processed.
6. User Content.
“Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services. “User Content” means any content that users (including you) provide to be made available through the Services. 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 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 Services 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 Services.
As between you and us, you represent that you own (or have all rights necessary to grant us the rights below to) all User Content that you submit to or through the Services, and that we 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 hereby grant us 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. You further grant all users of the Services permission to view your User Content for their personal, non-commercial purposes. If you make suggestions to us or through the Services about improving or adding new features or products to the Services or you otherwise provide feedback, product or service reviews or testimonials, you hereby grant to us 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. However, in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Services. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
7. Rights and Terms for Apps.
Subject to your compliance with these Terms, we hereby grant 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. You may not make additional copies of the App, except for making a reasonable number of copies for backup or archival purposes.
Except as expressly permitted in these Terms, you may not:
(a) copy, modify or create derivative works based on the App;
(b) distribute, transfer, sublicense, lease, lend or rent the App to any third party;
(c) reverse engineer, decompile or disassemble the App; or
(d) make the functionality of the App available to multiple users through any means.
We reserve all rights in and to the App not expressly granted to you under these Terms.
By agreeing to these Terms, you represent and warrant that you shall comply with all applicable laws and third-party terms of services when using the Services, including the terms provided by each 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
8. General Prohibitions and Evlo Enforcement Rights.
At all times when using or interacting with the Services, whether through the Platform(s), the Website, or otherwise, you agree not to do any of the following:
A. Post, upload, publish, submit or transmit any User Content or engage in any activity that:
i. 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;
ii. violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
iii. is fraudulent, false, misleading or deceptive;
iv. is defamatory, obscene, pornographic, vulgar or offensive;
v. promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
vi. is violent or threatening or promotes violence or actions that are threatening to any person, animal, or entity;
vii. exploits minors; or
viii. promotes illegal or harmful activities or substances;
B. Download and/or install any third-party software and/or application on any of our computer systems (excluding assistive technologies that are necessary for your own use of the Services, such as screen-readers) that is not expressly permitted by us in writing;
C. Use, display, mirror or frame the Services or any individual element within the Services, or our name, any of our Trademarks (as defined below) or other proprietary information, or the layout and design of any page or form contained on a page;
D. Access, tamper with, or use non-public areas of the Services, our computer systems, or the technical delivery systems of our providers;
E. Attempt to probe, scan or test the vulnerability of any of our systems or networks or breach any security or authentication measures;
F. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Services or Content;
G. Bypass any territorial restrictions, including IP address-based restrictions, that may be applied to the Services;
H. Attempt to access, scrape or search the Services or any Content or download Content from the Services, 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 us or other generally available third-party web browsers;
I. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
J. Use any meta tags or other hidden text or metadata utilizing our Trademarks, URL or product name without our express prior written consent;
K. Use the Services or any 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 us;
L. 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 Services or Content to send altered, deceptive or false source-identifying information;
M. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content;
N. 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 Services;
O. Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
P. Copy, use, index, disclose or distribute any information or data obtained from the ss Services, whether directly or through third parties (such as search engines), without our express written consent;
Q. Alter, replicate, store, distribute or create derivatives from the Content available via the Services except as expressly permitted in writing by us;
R. Impersonate or misrepresent your affiliation with any person or entity;
S. Access, use or exploit the Services 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 us or the Services;
T. Violate any applicable law or regulation; or
U. Encourage or enable any other individual or entity to do any of the foregoing.
Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any User Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, to comply with applicable law or other legal requirements, and to maintain the integrity and reputation of the Services and our 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 Services or the users thereof. We may also consult and cooperate with law enforcement authorities to prosecute users who violate applicable law in connection with users’ use of the Services.
9. Member Interactions, Dealings with Third Parties.
When interacting with other of our members, users, and/or subscribers, 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 Services, 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 we are not responsible or liable for any loss, damage, injury, or other matters of any sort incurred as the result of such dealings, and such dealings are to be conducted at your own risk. In addition, when visiting or taking classes at any of our in-person studios, please be advised that we are not responsible for any lost or stolen items and that visitors, guests and members are required to adhere to then-current policies in place at that studio and the directions of that studio’s employees and representatives.
10. Indemnification.
You agree to indemnify, defend, and hold harmless Evlo, its affiliates, and each of their respective directors, officers, employees, representatives, consultants, suppliers, partners, and agents, from and against all liabilities, claims, damages, demands, losses and costs (including attorneys’ fees) that arise from or relate to:
(a) your activities on, and use of, the Services;
(b) any User Content submitted or uploaded by or on behalf of you;
(c) your violation or breach of these Terms; or
(d) your violation of any law or third-party right.
11. Third Party Software and Applications.
Downloading and/or installing any third-party software and/or applications that are not expressly authorized by us on any of our computer systems (excluding assistive technologies that are necessary for your own use of the Services, such as screen-readers) constitutes a breach of these Terms; any such downloading or installation is done at your own risk and may void any applicable warranty or support commitments by us.
12. Third Party Links and Content.
There may be links displayed or made available on or through the Services that cause you to leave the particular Services you are accessing in order to access a linked site that is operated by a third party. We neither control nor endorse these sites, nor have we reviewed or approved the content that appears on them. We are 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 we are 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.
13. No Warranties.
We reserve the right to modify the Services or any component thereof, including, but not limited to updating, adding to, enhancing, modifying, removing or altering any Content or features of the Services, at any time, in our sole discretion. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the Services. We have no obligation to screen or monitor any Content and do not guarantee that any Content available on the Services is suitable for all users or that it will continue to be available for any length of time.
WE DO NOT WARRANT THAT THE SERVICES WILL OPERATE ERROR-FREE OR THAT THE PLATFORMS AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MATERIAL. IF YOUR USE OF SERVICES OR THE CONTENT THEREIN RESULTS IN ANY COSTS OR EXPENSES, INCLUDING WITHOUT LIMITATION, THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR MOBILE MESSAGING, DATA, OR OTHER FEES, WE ARE NOT RESPONSIBLE FOR THOSE COSTS OR EXPENSES. WE provide the Services on an “AS IS” and “AS AVAILABLE” basis. You therefore use the Services at your own risk. Other than as expressly provided in writing by US in connection with your purchase of a Subscription or other OF OUR product, to the extent permitted by law, WE expressly disclaim 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 and any other warranty that might arise under any law. ALTHOUGH WE STRIVE TO PROVIDE THOROUGH AND ACCURATE MATERIALS THROUGH THE SERVICES, WE MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS. WE DO NOT MAKE ANY WARRANTIES AS TO THE RESULT OR OUTCOME OF USING THE SERVICES OR PROPERLY FOLLOWING ANY INSTRUCTIONS, RECOMMENDATIONS OR DIRECTIONS CONTAINED IN THE SERVICES OR THE CONTENT THEREIN. Without limiting the foregoing, WE MAKE no representations or warranties:
- That the Services ARE or will be permitted in your jurisdiction;
- That the ServiceS will be uninterrupted or error-free;
- Concerning any Content, including User Content;
- Concerning any third party’s use of User Content that you submit OR UPLOAD;
- That the ServiceS will meet your personal or professional needs;
- That WE will continue to support or provide any particular feature of the ServiceS; or
- Concerning third party sites, content, products and resources outside of the ServiceS, even if linked or made available from the Services.
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 SERVICES, AND NO WARRANTIES SHALL APPLY AFTER SUCH PERIOD.
14. Limitation of Liability.
To the fullest extent permitted by law:
(a) in no event shall WE, nor any of OUR affiliates, subsidiaries, licensees, agents, or promotional partners, 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 Services or Content or other intangible losses, resulting from or in connection with the use of or inability to use the services, WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, even if a limited remedy set forth herein is found to have failed its essential purpose; and
(b) OUR total liability to you for all claims AND DAMAGES ARISING FROM OR RELATED TO THESE TERMS, WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, in the aggregate, will not exceed the greater of (i) $100, or (ii) the amount actually paid by you to US over the 12 months preceding the date your first claim(s) arose.
IF YOU ARE DISSATISFIED WITH ANY CONTENT OR SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.
15. Safety Warnings.
THE SERVICES OFFER HEALTH, FITNESS AND NUTRITIONAL INFORMATION AND ARE DESIGNED FOR EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY. YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL BEFORE BEGINNING A NEW FITNESS PROGRAM, INCLUDING USING THE SERVICES. This is particularly true if you (or your family) have a history of high blood pressure or heart disease, or if you have ever experienced chest pain when exercising or have experienced chest pain in the past month when not engaged in physical activity, smoke, have high cholesterol, are obese, or have a bone or joint problem that could be made worse by a change in physical activity. YOU SHOULD NOT RELY ON THE PROGRAM OR ANY CONTENT 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 ON THE WEBSITE OR READ OR HEARD ON THE SERVICES. THE USE OF INFORMATION PROVIDED THROUGH THE SERVICES IS SOLELY AT YOUR OWN RISK AND IS NOT MEDICAL OR HEALTHCARE ADVICE. Do not use the Services if your physician or health care provider advises against it. If you experience faintness, dizziness, pain or shortness of breath at any time while using the Services you should stop immediately. Not all exercise programs are suitable for everyone.
NOTHING STATED OR POSTED ON THE WEBSITE OR AVAILABLE THROUGH THE SERVICES 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 SERVICES ARE CONTINUALLY UNDER DEVELOPMENT AND, TO THE FULL EXTENT PERMITTED BY LAW, WE MAKE 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 ON OUR PLATFORMS OR IN CONNECTION WITH THE SERVICES. NO ASSURANCE CAN BE GIVEN THAT THE ADVICE CONTAINED IN THE SERVICES WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.
In becoming a user of the Services, you affirm that either:
(a) all of the following statements are true:
i. no physician, general practitioner or other medical provider 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;
ii. you have never felt chest pain when engaging in physical activity;
iii. you have not experienced chest pain when not engaged in physical activity at any time within the past month;
iv. you have never lost your balance because of dizziness and you have never lost consciousness;
v. you do not have a bone or joint problem that could be made worse by a change in your physical activity;
vi. your physician or general practitioner is not currently prescribing drugs for your blood pressure or heart condition;
vii. 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
viii. you do not know of any other reason you should not exercise; or
(b) your physician, general practitioner, or other medical provider has been specifically consulted by you and approved of your use of the Services.
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 Services.
We reserve the right to refuse or cancel your Subscription and/or account if we determine that you have certain medical conditions or that the representations set forth above are untrue in any respect.
16. Intellectual Property
As between you and us, we own the Services, the Content, all Trademarks, trade names, trade dress, designs, copyrights, patents, and any other audio-visual or static content, photographs, audio, images, illustrations, graphics, software, features, code, data, materials and information displayed on or otherwise made available through our Platforms and the Services, other than content that has been licensed to us by third parties (collectively, “Evlo IP”), including all intellectual property and proprietary rights in and to such Evlo IP.
Our name, logos and affiliated properties, designs, trademarks, service marks, trade names and trade dress (collectively, “Trademarks”) are the exclusive property of us and/or our affiliates, whether registered or unregistered, and may not be used in connection with any product or service that is not ours, or in any manner that is likely to cause confusion as to our endorsement, affiliation or sponsorship of any person, product or service. Nothing contained in the Services or in these Terms should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our Trademarks or other intellectual property without our express prior written consent. All rights not expressly granted in these Terms are reserved.
You acknowledge and agree that your use of the Services and any Content contained therein is dependent upon you agreeing to and abiding by the Evlo Fitness Intellectual Property and DMCA Policy [TB1] at all times. You further acknowledge that the Services contain 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 Evlo -generated content, and content provided to us by our 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. The trademarks and logos appearing on the Platforms and/or as part of the Services are, unless otherwise noted, trademarks owned by or licensed to us. Your use of these trademarks is prohibited.
17. Intellectual Property Usage; Reporting Infringement.
Evlo respects the intellectual property of others, and we ask our users to do the same. You are responsible for ensuring that your User Content does not infringe any third party’s copyrights, trademarks, or other intellectual property rights. If you believe that the Services or any Content contain elements that infringe or misappropriate your copyrights or other intellectual property rights (or the intellectual property rights of others), please go to the Evlo Fitness Intellectual Property and DMCA Policy[BW2] for directions on how to report it to us.
18. ARBITRATION REQUIREMENT & CLASS ACTION WAIVER
IMPORTANT – PLEASE REVIEW AS THIS MAY AFFECT YOUR LEGAL RIGHTS. APPLICABLE TO THE FULL EXTENT PERMITTED BY LAW.
Mandatory Arbitration of Disputes. You and 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 YOUR ACCESS TO OR YOUR use of the Services or Content OR ANY ASPECT OF YOUR RELATIONSHIP WITH US (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and WE agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms and that you and WE are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms. This Arbitration WAIVER shall apply, without limitation, to all claims that arose in these Terms or any prior terms and conditions set forth by US related to the Services.
NOW OR IN THE FUTURE, THERE MAY BE LAWSUITS AGAINST US ALLEGING CLASS, COLLECTIVE, AND/OR REPRESENTATIVE CLAIMS. SUCH CLAIMS, IF SUCCESSFUL, COULD RESULT IN SOME MONETARY RECOVERY TO YOU. THE EXISTENCE OF SUCH CLASS, COLLECTIVE, AND/OR REPRESENTATIVE LAWSUITS DOES NOT MEAN THAT SUCH LAWSUITS WILL ULTIMATELY SUCCEED. BUT IF YOU AGREE TO ARBITRATION WITH US, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVERY MONETARY OR OTHER RELIEF UNDER SUCH CLASS, COLLECTIVE, AND/OR REPRESENTATIVE LAWSUITS. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST US IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR.
Exceptions. As limited exceptions to the above-described arbitration requirement:
(a) you may seek to resolve a Dispute in small claims court if the Dispute qualifies, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and
(b) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our respective intellectual property rights.
Initial Dispute Resolution and Notification. You agree that before initiating any Dispute or arbitration proceeding, we will attempt to negotiate an informal resolution of any Dispute. To begin this process, before initiating any arbitration proceeding, you must send a Notice of Dispute (“Notice”) by certified mail to the attention of Evlo Legal Department using the contact information provided below. In the Notice, you must describe the nature and basis of the Dispute and the relief you are seeking. If we are unable to resolve the Dispute within 45 days after our receipt of the Notice, then you or we may initiate arbitration proceedings as set out below.
Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules then in effect, except as modified by these Terms. For more information about the AAA and the arbitration process, please visit the AAA website at www.adr.org.
All issues are for the arbitrator to decide, except those issues relating to the scope, application, and enforceability of this arbitration provision are for the court to decide. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision. The laws of the United States, State of Texas, without regard to any principles of conflict of laws, applies to any arbitration under this section. Unless you and we agree otherwise, any in-person hearings for the arbitration shall take place in Austin, Texas. The arbitrator’s ruling is binding and may be entered as a judgment in any court of competent jurisdiction. This Section 18 shall survive any termination of these Terms, including any termination of your relationship with us. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.
Limited Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. REMEDIES FOR ANY CLAIM BY YOU IN CONNECTION WITH THE WEBSITE, APP, THE SERVICES, OR THESE TERMS SHALL BE LIMITED TO MONETARY DAMAGES, AND YOU HEREBY AGREE THAT YOU WILL NOT BE ENTITLED TO ANY INJUNCTIVE OR EQUITABLE RELIEF.
19. Contracting Entities, Governing Law and Jurisdiction.
Subject to the agreements in Section 18 above, all Disputes that are not required to be arbitrated will be the state and federal courts located in Austin, Texas, United States of America, and you consent to the jurisdiction of those courts, and
20. 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 us 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 our duly authorized representative. Our rights and remedies hereunder are cumulative and not exclusive.
21. 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 our prior written consent. We may assign our rights, obligations and/or these Terms to any person or entity at any time in our sole discretion without notice to you. Any attempted assignment that does not comply with these Terms will be null and void.
22. Notices.
You consent to receive all communications including notices, agreements, disclosures, or other information from us electronically. We may communicate by email or by posting to the Services. For support-related inquiries, you may email Support at contact@evlofitness.com.
Nothing in these Terms or otherwise limits our right to object to subpoenas, claims, or other demands.
23. Modification.
We may update these Terms at any time, in our sole discretion. If we do so, we will post the updated Terms (as indicated by a revised “Last Updated” date at the top of this page) on the Website and/or through the Services. Modifications will be effective on the date that they are posted to the Website. It’s important that you review the Terms whenever we update them before you use the Services. If you continue to use the Services after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you don’t agree to be bound by the updated Terms, then you may not use the Services anymore. Because the Services are evolving over time, we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
24. Entire Agreement.
In the event of a conflict between any policies posted on the Website or the Platforms and these Terms, these Terms will control. These Terms, the Privacy Policy, and any other applicable Evlo policy made available to you represent the entire understanding between us and you regarding the Services, the Website, the Platforms, and the 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.
25. Force Majeure.
We are not liable for any failure or delay in performance of our obligations under these Terms for causes beyond our reasonable control, 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, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service
26. Contact Information.
If you have questions regarding these Terms or wish to obtain additional information, please send an e-mail to contact@evlofitness.com.
[TB1]Please confirm if this is an active Evlo policy – if so, please provide.
[BW2]See note above.
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