Welcome to tribe! Please read these terms of service (“Terms of Service”) carefully. They apply to your use of: (1) the tribe website at www.unitethetribe.com (the “tribe Website”); and (2) the related online services offered by tribe through the tribe Website. We will refer to the tribe Website and related services offered through the tribe Website (or an App if relevant) as the “tribe Internet Services.” A “User” is someone who uses the tribe Internet Services.
The Terms of Service set forth the legally binding terms for your use of the tribe Internet Services. By using the tribe Internet Services, you agree to be bound by the Terms of Service. If you do not agree to be bound by the Terms of Service, you may not access or use the tribe Internet Services.
We describe how we handle your information when you use the tribe nternet Services in our Privacy Policy. Please read the Privacy Policy carefully because, by using the tribe Internet Services, you agree that tribe can collect, use and transfer your information consistent with that policy.
If you wish to become a Participant (anyone who purchases a class credit or package, attends a cycle or sculpt class or who receives any other service provided by tribe) or Member (anyone who purchases or possesses a tribe Membership), you must read and accept these Terms of Service, tribe’s Privacy Policy and Terms and Conditions (together, the “tribel Policies”). You indicate your acceptance of the Terms of Service and Privacy Policy during the registration process when you create a tribe account and of the Terms and Conditions when you make a purchase.
THESE TERMS OF SERVICE CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. PLEASE NOTE THAT SECTION 10 OF THE TERMS OF SERVICE INCLUDES AN ARBITRATION AGREEMENT. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT CLAUSE, YOU AND TRIBE AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS ARBITRATION.
tribe may, in its sole discretion, modify or revise the Terms of Service at any time, and you agree to be bound by such modifications or revisions. Although we may attempt to notify you when major changes are made to the Terms of Service, you should periodically review the most up-to-date version, which will always be posted at www.unitethetribe.com. Your continued use of the tribe Internet Services constitutes your acceptance of such changes.
1. ELIGIBILITY TO USE SERVICES
The tribe Internet Services are intended solely for Users who are 13 years of age or older. Any registration by, use of or access to the tribe Internet Services by anyone under 13 is unauthorized and in violation of these Terms of Service. By using the tribe Internet Services, you represent and warrant that you are 13 years of age or older and that you agree to abide by the Terms of Service.
Moreover, to accept the Terms of Services, you affirm that you are either at least 18 years of age, an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into and comply with the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service. Minors between the ages of 13 and 18 who have not been emancipated may only use the tribe Internet Services with the involvement of a parent or guardian. A Parental/Legal Guardian Consent Form can be obtained at the studio. Please contact us at info@unitethetribe.com for more information about registering a minor.
The tribe Internet Services may include features that promote physical activity. Consider the risks involved and consult with your physician or a medical professional before engaging in any physical activity. tribe is not responsible or liable for any injuries or damages you may sustain that result from any classes or activities promoted through the tribe Internet Services. Please see tribe’s Terms and Conditions for more information about conduct, risks and safety.
2. YOUR TRIBE ACCOUNT
In order to access some features of the tribe Internet Services, you will have to create a tribe account (“Account”). When creating your Account, you must provide and maintain accurate and complete information and you will be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password and keeping your password secure. You agree not to use the account, username, or password of another tribe account holder at any time or to disclose your password to any third party. You may never create an account using a false identity or information, on behalf of someone other than yourself or use another person’s account without permission.
You agree to notify tribe immediately if you suspect any unauthorized use of your Account, access to your password, or any other breach of security. You are solely responsible for any and all use of your Account. Although tribe will not be liable for your losses caused by any unauthorized use of your Account, you may be liable for the losses of tribe or others due to such unauthorized use.
These Terms of Service shall remain in full force and effect while you use the tribe Internet Services, have an Account, and even after your Account is terminated. You may terminate your Account at any time, for any reason and in accordance with tribe’s Terms and Conditions, by following the instructions on the “My Account” page. tribe may terminate your Account at any time, without warning and in tribe’s sole discretion, if you breach these Terms of Service, or otherwise.
If tribe terminates your Account because you have breached the Terms of Service, you may not be entitled to a refund of any unused credits, classes, or Membership, unless otherwise required by law. Please see tribe’s Terms and Conditions for additional information about payment obligations of tribe Members and Participants.
3. RIGHTS AND RESTRICTIONS
tribe hereby grants you permission to access and use the tribe Website and , if relevant, App as set forth in these Terms of Service, provided that you agree not to distribute in any medium any part of the tribe Website or App, without tribe’s prior written authorization, and you agree not to alter or modify any part of the tribe Website or App or any of its related technologies.
tribe reserves the right to discontinue any aspect of the tribe Website or, if relevant, App at any time.
In addition, the following restrictions and conditions apply specifically to your use of content on the tribe Website and, if relevant, App.
The content on the tribe Website and, if relevant, App, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks, trade dress and logos contained therein, including “tribe,” “tribe, LLC.” and the “tribe logo”, (together, the “Marks”), are owned by or licensed to tribe and subject to copyright and other intellectual property rights under the law. Content on the tribe Website and, if relevant, App is provided to you as is for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of tribe and any other respective owners. tribe reserves all rights not expressly granted in and to the tribe Website, App (if relevant) and the Content.
You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein. You also agree that tribe’s Marks may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of tribe. You agree not to circumvent, disable or otherwise interfere with security-related features of the tribe Website or, if relevant, App or features that prevent or restrict use or copying of any Content or enforce limitations on use of the tribe Website, App (if relevant) or the Content therein.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, materials or any other content or information provided by you to tribe are non-confidential and shall become the sole property of tribe. tribe 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.
tribe will terminate a User’s access to the tribe Internet Services, if, in tribe’s sole discretion, they are determined to violate the Terms of Service or any other policy of tribe.
4. MOBILE SERVICES AND DATA CHARGES
The tribe Internet Services may include certain services available via your mobile phone, including but not limited to (1) the ability to book and/or purchase tribe memberships and cycle and sculpt classes via your mobile phone, (2) the ability to receive tribe messages, including by email, text and push notifications, and to reply to certain tribe messages, (3) the ability to browse tribe from your mobile phone and (4) the ability to access certain tribe features through the tribe App, if relevant (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 may communicate with you regarding tribe and other entities 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.
5. SERVICES AND PRODUCT ORDERS
All orders placed through the tribe Internet Services are subject to tribe’s acceptance. This means that tribe may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that is later cancelled, tribe will issue you a refund. Please see tribe’s Terms and Conditions for more information about payment obligations.
6. THIRD PARTY CONTENT AND SERVICES
The tribe Website and, if relevant, App may contain links to third party websites that are not owned or controlled by tribe. tribe 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, tribe will not and cannot censor or edit the content of any third-party site. By using the tribe Website and, if relevant, App, you expressly relieve and release tribe from any and all liability arising from your use of any third-party website.
Accordingly, we encourage you to be aware when you leave the tribe Website or, if relevant, App and to read the terms and privacy policy of each other website that you visit. Upon leaving the tribe Website or, if relevant, App, these Terms of Service shall no longer govern.
7. DISCLAIMERS
YOU AGREE THAT YOUR USE OF THE TRIBE INTERNET SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, TRIBE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE TRIBE WEBSITE OR, IF RELEVANT, APP AND YOUR USE THEREOF. TRIBE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE TRIBE WEBSITE OR, IF RELEVANT, APP’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE TRIBE WEBSITE OR, IF RELEVANT, APP AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (2) PERSONAL INJURY OR DEATH OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE TRIBE WEBSITE OR, IF RELEVANT, APP OR FROM THE CONDUCT OF ANY USERS OF THE TRIBE INTERNET SERVICES, WHETHER ONLINE OR OFFLINE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE TRIBE WEBSITE OR, IF RELEVANT, APP, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE TRIBE WEBSITE OR, IF RELEVANT, APP BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE TRIBE WEBSITE OR, IF RELEVANT, APP.
TRIBE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE TRIBE WEBSITE OR APP OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND TRIBE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. THE TRIBE INTERNET SERVICES ARE PROVIDED “AS-IS” AND AS AVAILABLE AND TRIBE EXPRESSLY DISCLAIMS ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
8. LIMITATION OF LIABILITY
IN NO EVENT SHALL TRIBE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE TRIBE INTERNET SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE TRIBE WEBSITE OR, IF RELEVANT, APP, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE TRIBE WEBSITE OR APP BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE TRIBE WEBSITE OR. IF RELEVANT, APP, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT TRIBE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The tribe Website and, if relevant, App are controlled and offered by tribe from its facilities in the United States of America. Those who access or use the tribe Website or, if relevant, App from other locations do so at their own volition and are responsible for compliance with local law.
9. INDEMNITY
You agree to defend, indemnify and hold harmless tribe, its parent corporation, officers, directors, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from your use of and access to the tribe Internet Services, or your violation of these Terms of Service. This defense and indemnification obligation will survive these Terms of Service and your use of the tribe Internet Services.
10. ASSIGNMENT
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by tribe without restriction.
11. ARBITRATION AGREEMENT; CLASS WAIVER; JURY WAIVER
PLEASE READ THE FOLLOWING ARBITRATION AGREEMENT CAREFULLY BECAUSE IT REQUIRES YOU AND TRIBE TO AGREE TO RESOLVE ALL DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION, UNLESS OTHERWISE NOTED.
A. Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the tribe Policies, including the Terms of Service, that cannot be resolved informally or in small claims court shall be resolved, to the extent permitted by applicable law, by binding arbitration on an individual basis under the terms of this Arbitration Agreement. This Arbitration Agreement applies to you and tribe, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the tribe Policies.
B. Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to tribe should be sent to: tribe, 1003 Suite E Farmington Avenue, West Hartford, CT 06107, Attention: Legal. After the Notice is received, you and tribe may attempt to resolve the claim or dispute informally. If you and tribe do not resolve the claim or dispute within 30 days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
C. Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules conflict with the Terms of Service. The AAA Consumer Arbitration Rules (“Arbitration Rules”) governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than ten thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is ten thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a city determined by tribe. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
D. Additional Rules for Non-Appearance Based Arbitration. If non-appearance arbitration is elected, the arbitration shall be conducted by telephone, online, and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.
E. Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and tribe, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. 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 to an individual under applicable law, the AAA Rules, and the Terms of Service. 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 tribe.
F. Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, excluding claims for injunctive or other equitable relief as set forth below. Arbitration procedures are typically more limited, more efficient, and less costly than court proceedings and are subject to very limited review by a court. If any litigation should arise between you and tribe in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND TRIBE WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
G. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
H. Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed, and the remainder of the Arbitration Agreement shall continue in full force and effect.
I. Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
J. Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with tribe.
K. Small Claims Court. Notwithstanding the foregoing, either you or tribe may bring an individual action in small claims court.
L. Equitable Relief. Notwithstanding the foregoing, either party may seek equitable relief before a court of competent jurisdiction for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents or emergency equitable relief before a court of competent jurisdiction to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
12. GOVERNING LAW, VENUE AND JURISDICTION
To the extent the parties are permitted under these Terms of Service to initiate litigation in court, both you and tribe agree that all claims and disputes, including statutory claims and disputes, arising out of or relating to the tribe Policies, including the Terms of Service, shall be governed in all respects by the substantive law of the state of New York, without regard to its conflict of law principles. You and tribe hereby consent to submit to the jurisdiction of the federal and state courts sitting in the State of New York for any actions, suits or proceedings arising out of or relating to the tribe Policies, including the Terms of Service, that are not subject to the Arbitration Agreement.
YOU AND TRIBE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TRIBE INTERNET SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED TO THE EXTENT PERMITTED BY LAW.
13. ENTIRE AGREEMENT
The tribe Policies, including the Terms of Service, and any other legal notices published by tribe on the tribe Website or, if relevant, App, shall constitute the entire agreement between you and tribe concerning the tribe Internet Services. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and tribe’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
tribe reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the tribe Internet Services following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.
CONTACT US
tribe welcomes your feedback. Please contact us at info@unitethetribe.com with any questions or comments regarding these Terms of Service.
tribe’s headquarters is located at 1003 Suite E Farmington Avenue, West Hartford, CT 06107.
