For clarity, in the event of any dispute arising out of or related to the Additional Services made available by the Site and/or App, the terms and conditions of the Additional Services will govern with respect to such dispute.
PRIOR TO PARTICIPATING IN ANY EXERCISE PROGRAM OR ACTIVITY, YOU AGREE THAT YOU WILL NOT USE ANY HEALTH INFORMATION PROVIDED BY OUR ONLINE SERVICES TO DIAGNOSE, TREAT, CURE OR PREVENT ANY MEDICAL CONDITION. APPLICATION OR RELIANCE ON OF ANY HEALTH INFORMATION, INCLUDING ANY TECHNIQUES, IDEAS AND SUGGESTIONS ACCESSED THROUGH OUR ONLINE SERVICES, IS AT YOUR SOLE DISCRETION AND RISK.
ELIGIBILITY TO USE SERVICES
By using any Online Service, you agree and warrant that you (1) are 18 years old or older and are of legal age to enter into this agreement, or (2) are between the ages of 13-18 and have obtained parental or guardian consent to enter into this agreement via our online form found here; or (3) an emancipated minor in the State of California.
RIGHTS AND RESTRICTIONS
We reserve the right to discontinue any aspect of the Online Services at any time.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, materials or any other content or information provided by you to us are non-confidential and shall become the sole property of Small Market. Small Market shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of such information for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
REPRESENATIONS MADE BY YOU
By accessing or using the Online Services, you represent, warrant and covenant that you are a resident of the United States and that all content, information, data, materials or other resources of any kind submitted to us through or in connection with the Online Services are complete and accurate, do not violate any applicable law and do not plagiarize, violate or infringe upon the rights of any third party, including trade secret, copyright, trademark, trade dress, privacy, patent or other personal or proprietary rights.
MOBILE SERVICES AND DATA CHARGES
The Online Services may include certain services available via your mobile phone, including but not limited to (1) the ability to book and/or purchase classes via your mobile phone, (2) the ability to browse our App from your mobile phone, and (3) the ability to access certain features through the App (collectively the "Mobile Services"). We do not charge for these Mobile Services. However, your carrier's normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost.
In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. By using the Mobile Services, you agree that we and our service providers may communicate with you regarding our services by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.
THIRD PARTY CONTENT AND SERVICES
The Online Service may contain links to third party websites that are not owned or controlled by us. Small Market has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites, including privacy and data gathering practices. In addition, we will not and cannot censor or edit the content of any third-party site. By using the Online Services, you expressly relieve and release Small Market from any and all liability arising from your use of any third-party website.
PUSH NOTIFICATIONS AND IN-APP ALERTS AND UPDATES
When you download our mobile app, we may provide you with the option to opt-in to receive push notifications from us on your mobile device in connection with that mobile notification. These push notifications may include promotional communications regarding our products and services. You may, after downloading the applicable mobile application, opt out of receiving push notifications by adjusting the settings on your mobile device. Opting out of push notifications will not affect other communications you receive from us, such as email communications.
The trade names, trademarks, service marks and logos displayed through the Online Services are the property of Small Market and/or other third parties. Except when referring to Small Market and/or its products and services, you may not use our trade names, trademarks, service marks or logos or any trade name, trademark, service mark or logo confusingly similar thereto. Nothing contained in the Online Services should be construed as granting any license or right to use any trade names, trademarks, service marks or logos without the express prior written consent of the applicable owner.
LIMITATION OF LIABILITY
ARBITRATION AGREEMENT; CLASS WAIVER; JURY WAIVER
EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE ONLINE SERVICES, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT, WITH RESPECT TO ANY DISPUTE, (A) SMALL MARKET AND YOU ARE EACH WAIVING THE RIGHT TO A COURT ACTION AND A TRIAL BY A JURY, (B) ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS, (C) CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED, AND (D) YOU ARE GIVING UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.
The arbitration will be administered in San Francisco County by the American Arbitration Association (the “AAA”) under its Consumer Arbitration Rules.
NOTICE REQUIREMENT AND INFORMAL DISPUTE RESOLUTION.
Before either party may seek arbitration, the party must first send to the other party a written notice describing the nature and basis of the claim or dispute, and the requested relief.
GOVERNING LAW, VENUE AND JURISDICTION
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Small Market, without restriction.
Small Market, LLC d/b/a The Boombox Studio is located at 2109 Market Street, San Francisco, California 94114.
Last modified March 9, 2018