This Terms of Use is an electronic contract that sets out the legally binding terms of your use of our Services, whether you are an unregistered visitor or a Member. This Terms of Use may be modified by Youble from time to time, such modifications to be effective upon posting by us on Youble’s website. This Terms of Use may include notices regarding our Services. By accessing or using our Services, you acknowledge and agree to both this Terms of Use and our Privacy Policy that are in effect when you use our Services (including modifications) and acknowledge and agree to the terms, conditions and notices contained or referenced herein and in our Privacy Policy, and consent to have this Terms of Use and our Privacy Policy provided to you in electronic form.

This Terms of Use applies both to unregistered visitors and registered Members of Youble’s Services. However, certain provisions of this Terms of Use, such as those pertaining to billing and payments, apply only to Paying Memberships, as defined herein. For avoidance of doubt, you acknowledge and agree that, regardless of whether you have purchased a Paying Membership or not, by using any of Youble’s Services or accessing Youble’s website at any time, you will be bound by the applicable provisions of both this Terms of Use and our Privacy Policy.

Memberships

We offer our Services on a Membership basis.  Youble generally offers three types of Memberships:  (1) “Trial Membership” is the introductory Membership for new Members that includes unlimited usage of all our features and functionality on a free basis for a specific length of time (for example, 14 days), (2) “Promotional Membership” is the promotional Membership that may be available for new Members or Trial Members that includes various features, functionality, price and payment schedules as offered by Youble from time to time, and (3) “Premium Membership” is the regular Membership that applies to Members after their Trial Membership or Promotional Membership has expired, and includes unlimited usage of all our features and functionality, paid and effective on a month to month basis, prepaid at the beginning of the monthly billing cycle at the then-prevailing monthly price. We reserve the right to change the terms, conditions, features, functionality, and pricing of our Memberships from time to time, or to add or remove different types of Memberships.  We refer to our various types of Memberships throughout this Terms of Use as “Memberships”.  Memberships that are not offered on a free basis and require payment are referred to as “Paying Memberships”.

Billing Authorization

By purchasing a Paying Membership, you are authorizing Youble to charge you for the Membership dues onto your bank account or credit card immediately after you purchase the Paying Membership and, if applicable based on the specific Membership terms, automatically on a monthly basis thereafter until and unless Youble has received and acknowledged electronic notice from you to stop charging your account and cancel your Paying Membership.

If you have purchased a Promotional Membership, at the expiration of your Promotional Membership, you are authorizing Youble to automatically convert your Membership to a Premium Membership, and are authorizing Youble to charge you for the monthly Membership dues onto your bank account or credit card immediately after your Membership is converted to a Premium Membership and automatically on a monthly basis thereafter until and unless Youble has received and acknowledged electronic notice from you to stop charging your account and cancel your Premium Membership.

Right to Cancellation

You acknowledge that you may cancel your Paying Membership without any penalty or further obligation at any time. You acknowledge and agree that you will not receive reimbursement for partial months if you cancel your Paying Membership, and your Paying Membership will expire on the last day of the billing cycle. To cancel your Paying Membership, you acknowledge and agree that you must log into your account at Youble's website and cancel your Paying Membership through the My Account page.

Payment Obligations

You acknowledge and agree that you are responsible for payment of the Paying Membership you have purchased (including the Premium Membership you have consented for Youble to convert your Membership into upon expiration of your Promotional Membership). You also acknowledge and agree that failure to use Youble’s Services does not relieve you of your responsibility to pay.

You acknowledge and agree to keep your billing information and accounts current. You will provide true and accurate information when registering for a Paying Membership, and will update your Membership information as needed from time to time to maintain its truth and accuracy.

You acknowledge and agree that failure to make timely payments can subject you to a $25 late penalty if Youble does not receive payment within five (5) days after the start of the billing cycle or if any bank account or credit card charge payable to Youble is not honored. You also acknowledge and agree that if you fail to make timely payments, or if you fail to provide or maintain true and accurate registration information, Youble may suspend, revoke or cancel your Membership or access to our Services without notice to you.

Pricing

You acknowledge and agree that Youble reserves the right to modify the prices we charge for any of our Paying Memberships at any time, effective upon notice (which may be via posting to Youble's website or other means). Although we reserve the right to change the pricing of Paying Memberships, Youble will not do so retroactively.

As a Member of Youble, you are permitted to use Youble's Services to maintain or improve your health and physical fitness by (1) exercising to the fitness classes offered by us on a streaming (as opposed to downloadable) basis through our website or other websites, devices, or channels that Youble may approve or develop for in the future; (2) improving your knowledge of health, nutrition, and physical fitness using the videos, blog, articles, and other resources we make available to you; and (3) interacting with other Members using the various social networking features we have or will develop in the future, including allowing you to submit and share content and information about yourself and others, such as news feed posts, direct messages, chat, photos, videos, reviews, testimonials and blog entries ("Member Submissions") to other Members and our instructors.  Finally, you are permitted to share Content and Member Submissions that is either Public Information (as defined in the Privacy Policy) or that we allow you to share through a button, a checkmark, or your My Account page, pursuant to the other provisions in this Terms of Use.

Eligibility

To be eligible to create an account with Youble, you acknowledge and agree that:

(a) you are at least eighteen (18) years of age as of the date of creating your account with Youble;

(b) you will use Youble’s Services for your own personal, non-commercial use only, and you are not part of, or acting on behalf of, any other person, entity, organization, or group for any period of time or for any reason, at any time;

(c) you have consulted with your physician about the use of Youble's Services, and you are in good health and have no disability, impairment, injury, disease, or ailment preventing you from engaging in such activity or which would cause increased risk of injury or adverse health consequences as a result of exercise;

(d) you do not have any preexisting accounts with Youble under any other e-mail addresses that belong to you; and

(e) you have not previously been removed or banned by Youble from using Youble’s Services.

Unauthorized Use

You acknowledge and agree that you will use Youble’s Services for the sole purpose of maintaining or improving your health and physical fitness and not for any other purpose, and you will not take any actions or use Youble's Services in a manner contrary to this in any way (except as expressly permitted by this Terms of Use), including:

(a) interfering or attempting to interfere with the proper functioning of Youble’s Services;

(b) unauthorized downloading, ripping, copying, modifying, manipulating or distributing Content (including Member Submissions and fitness class videos), from or on Youble’s Services;

(c) circumventing, disabling or otherwise interfering with the security related features of Youble’s Services, or features that prevent or restrict the unauthorized downloading, ripping, copying, modifying, manipulating, or distributing of any Content or our Services;

(d) accessing, intercepting, mining, or otherwise collecting information, data, or Content from or through Youble’s Services or that is in transit to or from Youble’s Services;

(e) assigning, copying, transferring or transmitting Youble’s Services, information, data, or Content to any third party;

(f) intercepting, examining or otherwise observing any proprietary communications protocol used by a client, a server, or Youble’s Services;

(g) making any automated use of the system, or taking any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on Youble’s infrastructure;

(h) bypassing any robot exclusion headers or other measures used to restrict access to Youble’s Services or use any software, technology, or device to send content or messages, scrape, spider, or crawl our Services, or harvest or manipulate data;

(i) using, facilitating, creating, or maintaining any unauthorized connection to Youble’s Services, including without limitation any connection to any unauthorized server that emulates, or attempts to emulate any part of Youble’s Services or any connection using programs, tools, or software not expressly approved by Youble;

(j) reverse engineering, decompiling, disassembling, deciphering or otherwise attempting to derive the source code for any underlying software or other intellectual property used to provide our Services, except where permitted by law or relevant open source licenses;

(k) using, analyzing or evaluating Youble and Youble’s Services for any commercial or competitive purpose; and

(l) using Youble’s Services to engage in any illegal activity.

Conduct

To keep you account in good standing, you acknowledge and agree to adhere to the following policies:

(a) You will only use Youble's Services in a safe an intelligent manner, and will not exercise if you (1) have recently eaten or consumed alchohol, or are under the influence of any drugs, (2) feel dizzy, overheated, short of breath, and (3) feel pain or discomfort anywhere in or on your body;

(b) You will only exercise where you have an appropriate amount of space (usually at least 8 feet by 8 feet) that is unobstructed by any furniture, appliances, furnishings, trip hazards or other potentially dangerous obstacles;

(c) You will only wear appropriate fitness attire while you exercise through or utilizing Youble’s Services, which includes a shirt or tank top, sports bra (if applicable), shorts or sweats, socks, and soft-soled shoes, and may vary according to the type of exercises you are performing;

(d) You will take active measures to protect the confidentiality of your password and other log-in information, use extreme caution when accessing your account from a public or shared computer, and will log out of your account and take other appropriate safeguards (e.g., deleting stored browser data) after accessing your account from a public or shared computer. You further acknowledge and agree that you are fully responsible for all activities that occur and charges that accrue under your account (even if caused by your own mistake, or by someone else using your account with or without your authorization);

(e) You will not provide inaccurate, misleading, or fictional information to Youble about yourself, including your personal and fitness information, and you will keep the information in your account accurate, current, and complete (Youble permits you to use an alias first name, last name, or profile picture for the sole purpose of allowing you to additionally safeguard your privacy);

(f) You will not share, transfer, rent, or assign your Membership to, or allow your account to be accessed or used by any other person, entity, organization, or group for any period of time or for any reason, at any time;

(g) You will not post, communicate or transmit onto or through any of Youble’s Services, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, discriminatory, illegal, or otherwise objectionable (in our sole discretion) information or content;

(h) You will not engage in advertising, marketing, promoting, or “spamming” about any third party products, services, events, causes, or opinions to Members or employees of Youble;

(i) You will not submit any Member Submission that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Youble all of the license rights granted herein; and

(j) You will not publish falsehoods or misrepresentations that could damage Youble or any third party.

Privacy and Communications

You acknowledge and agree that you have granted permission for Youble to receive, collect, save and utilize your activity, information about you, and content you provide as disclosed in Youble’s Privacy Policy. You acknowledge and agree that Youble will use such information as disclosed in Youble’s Privacy Policy, and by using Youble’s Services, you consent to such use.

Changes to Services

You acknowledge and agree that Youble reserves the right to change any of the terms, conditions, features, functionality, pricing, and any other aspect of our Services, including but not limited to the types of the classes we offer.

Modifications

You acknowledge and agree that Youble may modify this Terms of Use from time to time, which modifications to be effective upon posting by us on Youble's website.

Removal of Member Submissions

We do not permit copyright infringing activities and infringement of intellectual property rights through and on our Services, and Youble may block and remove all Member Submissions if properly notified that such Member Submission infringes on another's intellectual property rights. You acknowledge and agree that Youble may review and remove any Member Submissions that you provide, and/or revoke, suspend or cancel your Membership for violating any provisions of this Terms of Use or for any reason, in our sole discretion. 

Revocation of Membership

You acknowledge and agree that Youble reserves the right to suspend, revoke or cancel your Membership or access to our Services at any time for violating any provisions of this Terms of Use, or for any reason, in our sole discretion.

Proprietary Rights

All text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like, and trademarks, service marks and logos contained on and through Youble’s Services (collectively, "Content"), except all Member Submissions, are owned by or licensed to Youble, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on Youble’s Services is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Youble reserves all rights not expressly granted in and to Youble’s Services and the Content.

Member Submissions

You retain all of your ownership rights in your Member Submissions, and by submitting the Member Submissions to Youble, you hereby grant Youble a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Member Submissions in connection with Youble’s Services and Youble’s business, including without limitation for promoting and redistributing part or all of Youble’s Services (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each recipient of any Member Submission a non-exclusive license to access your Member Submissions through Youble’s Services.

No Guarantee of Results

You acknowledge and agree that fitness results vary from person to person based on factors that may not be in your or Youble’s control. You acknowledge and agree that Youble does not and cannot guarantee that you will achieve any specific fitness or health results, and that any information, calculations, analysis and expectations of specific fitness results from any of Youble's Services are only estimates and should not be interpreted or construed as a guarantee to you.

No Medical Advice

You acknowledge that Youble is not a health services provider and Youble instructors and staff are not qualified to give you any medical or psychological advice or diagnosis. You acknowledge and agree that, although Youble’s instructors and staff may provide exercise and nutrition information or advice, it is your responsibility to embark upon an exercise program and make nutritional decisions that are appropriate for you. You acknowledge and agree that no information or advice provided by Youble instructors or staff through any of Youble’s Services should be construed as medical or psychological advice or diagnosis, and you will not rely on any such information or advice as a substitute for qualified physician consultation and treatment. 

Conduct of Members

You acknowledge and agree that Youble does not make any representations or warranties as to the conduct of Members.  You acknowledge and agree to hereby indemnify, hold harmless and expressly forever release and discharge Youble, its parent companies, its affiliates, its agents, its partners, its representatives, its employees, its directors, its officers, its predecessors, its successors or assigns, and its shareholders of any and all indirect, incidental, special, punitive, exemplary or consequential damages, claims, demands, actions, causes of action or liabilities (as well as all associated costs and expenses, including attorney fees), arising out of or related to the conduct of you or anyone else in connection with the use of Youble’s Services, including without limitation bodily injury, emotional distress, and/or any damages resulting from communications or meetings with other Members.

Member Submissions

You acknowledge and agree that whether or not such Member Submissions are published, Youble does not guarantee any confidentiality with respect to any Member Submissions. You acknowledge and agree that you shall be solely responsible for your own Member Submissions and the consequences of posting or publishing them.

You acknowledge and agree that Youble does not endorse any Member Submission or any opinion, recommendation, or advice expressed therein.  Additionally, you acknowledge an agree that  Youble is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Member Submissions.

You acknowledge and agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Youble in connection with Member Submissions, and agree to indemnify and hold Youble, its affiliates and/or licensors, harmless to the fullest extent allowed by law.

Damages or Injury

You acknowledge and agree that you assume full responsibility for any damages or injury that may result from your use of or reliance upon Youble’s Services. You acknowledge and agree to hereby indemnify, hold harmless and expressly forever release and discharge Youble, its parent companies, its affiliates, its agents, its partners, its representatives, its employees, its directors, its officers, its predecessors, its successors or assigns, and its shareholders of any and all indirect, incidental, special, punitive, exemplary or consequential damages, claims, demands, actions, causes of action or liabilities (as well as all associated costs and expenses, including attorney fees), including but not limited to those that result from injury, death, property loss, inconvenience, delay, or loss of use, arising out of your use of or reliance upon Youble’s Services, even if caused in whole or in part by negligence, to the extent permitted by applicable law. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, this limitation may not apply to you.

In case of any accident or injury, you acknowledge and agree that you will be examined at your sole expense by a licensed physician. In the event of any problem with Youble's Services, you acknowledge and agree that your sole remedy is to cease using Youble's Services.

YOUBLE’S SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND ARE INTENDED FOR INFORMATIONAL PURPOSES ONLY. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, YOUBLE DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (I) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, QUALITY, PERFORMANCE OR SUITABILITY OF YOUBLE’S SERVICES; AND (II) ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOUBLE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, THAT ANY OF YOUBLE'S SERVICES GUARANTEE YOU WILL OBTAIN ANY PARTICULAR HEALTH OR FITNESS STANDARDS OR FOR ANY OTHER PURPOSE. YOUBLE DOES NOT REPRESENT OR WARRANT THAT YOUBLE'S SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOUR USE OF YOUBLE’S SERVICES IS ENTIRELY AT YOUR OWN RISK.

FURTHER, YOUBLE EXPRESSLY DISCLAIMS ANY AND ALL RESPONSIBILITY AND LIABILITY WITH RESPECT TO SEPARATE AGREEMENTS YOU MAY MAKE WITH HEALTHCARE PROVIDERS OR WITH THIRD PARTIES WHO OFFER PRODUCTS OR SERVICES ON OR THROUGH YOUBLE'S SERVICES, AND YOU AGREE TO LOOK SOLELY TO SUCH HEALTHCARE PROVIDERS AND THIRD PARTIES WITH RESPECT TO ANY AND ALL CLAIMS ARISING OUT OF SUCH AGREEMENTS AND/OR SUCH PRODUCTS OR SERVICES.

The Limitation of Liability and Disclaimer provisions of this Terms of Use shall survive any termination of your Membership or this Terms of Use. Failure to insist on strict performance of any provisions of this Terms of Use will not operate as a waiver of any subsequent default or failure of performance. No waiver of any provision of this Terms of Use will be valid unless in writing and acknowledged in writing or electronically by both parties. If any portion of this Terms of Use is adjudged invalid or unenforceable by a court of competent jurisdiction, the remaining portions will remain valid, enforceable, and in effect. No joint venture, partnership, employment or agency relationship exists between you and Youble as a result of this Terms of Use or your use of this website or any Services. Any rights not expressly granted herein are reserved by Youble. This Terms of Use constitutes the entire agreement between you and Youble with respect to your use of this website and Youble’s Services, and supersedes any and all prior understandings or agreements between you and Youble, whether written or oral. you acknowledge that, in providing you access to and use of this website and Youble’s Services, Youble has relied on your acceptance of this Terms of Use.

You acknowledge that this Terms of Use shall be governed by the laws of the State of California, except for principles of conflicts of laws. you agree that any action at law or in equity arising out of or relating to your use of this website or Youble’s Services or this Terms of Use shall be filed only in the state or federal courts located in San Francisco County in the State of California and both parties hereby consent and submit to the exclusive personal jurisdiction of such courts for the purposes of litigating any such action.

You certify that you have read the foregoing Terms of Use, and that by creating an account with Youble or accessing any of Youble’s Services, you acknowledge and agree to be bound by all of the terms and conditions hereof.