PLEASE READ THIS LEGAL DOCUMENT CAREFULLY. WOLFMOON WELLNESS provides an online fitness community and related products, services, content and features through WOLFMOON WELLNESS websites, such as those for our studio, support, boutique, and local country pages (the “WOLFMOON WELLNESS Site(s)”), the interfaces on tablets connected to WOLFMOON WELLNESS fitness equipment, WOLFMOON WELLNESS’s fitness studios, and through mobile, desktop, or device applications (including iOS and Android applications (“Apps”)) and WOLFMOON WELLNESS - controlled social media pages (including on Facebook, Instagram, Spotify and Twitter). To make these Terms easier to read, the WOLFMOON WELLNESS Sites and Apps, along with the WOLFMOON WELLNESS tablet and studio interfaces and WOLFMOON WELLNESS - controlled social media pages are collectively called the “WOLFMOON WELLNESS Service” or “the Services”. By registering as a member or by visiting, browsing, or using the WOLFMOON WELLNESS Service in any way, you (as a “user”) accept and agree to be bound by these Terms of Service (“Terms”), which forms a binding agreement between you and WOLFMOON WELLNESS.
If you do not wish to be bound by these Terms, you may not access or use the WOLFMOON WELLNESS Service. Certain elements of the WOLFMOON WELLNESS Service may be subject to additional terms and conditions specified from time to time; your use of those elements of the WOLFMOON WELLNESS Service is subject to those additional terms and conditions, which are incorporated into these Terms by this reference.
1. Who May Use the WOLFMOON WELLNESS Service
Age Requirement. You must be at least 18 years old, or the age of legal majority in your jurisdiction of residence, to purchase a WOLFMOON WELLNESS membership subscription and become a Membership Holder (as defined in the Membership Terms); provided that such individuals:
- Have been cleared to participate by a family physician;
- Have permission to participate from a parent or legal guardian who will provide supervision;
- Abide by all Safety Precautions and instructions in the applicable user manual; and
- Rest, hydrate and modify as needed.
We may, in our sole discretion, refuse to offer the WOLFMOON WELLNESS Service to any person or entity and change the eligibility criteria at any time. You are solely responsible for ensuring that these Terms are in compliance with all laws, rules and regulations applicable to you, and the right to access and use the WOLFMOON WELLNESS Service is revoked where these Terms or use of the WOLFMOON WELLNESS Service is prohibited or conflicts with any applicable law, rule or regulation. Further, the WOLFMOON WELLNESS Service is offered only for your personal, non-commercial use, and not for the use or benefit of any third party.
You agree to indemnify, defend, and hold harmless WOLFMOON WELLNESS and its directors, officers, employees, and agents, from and against all claims, damages, losses and costs that arise from or relate to
- your activities on the WOLFMOON WELLNESS Service,
- any User Content submitted by or on behalf of you or
- your violation of these Terms.
3. No Warranties
WOLFMOON WELLNESS reserves the right to modify the WOLFMOON WELLNESS Service, including, but not limited to updating, adding to, enhancing, modifying, removing or altering any Content or features of the WOLFMOON WELLNESS Service, at any time, in its sole discretion. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the WOLFMOON WELLNESS Service. WOLFMOON WELLNESS has no obligation to screen or monitor any Content and does not guarantee that any Content available on the WOLFMOON WELLNESS Service is suitable for all users or that it will continue to be available for any length of time.
WOLFMOON WELLNESS provides the WOLFMOON WELLNESS Service on an “AS IS” and “AS AVAILABLE” basis. You therefore use the WOLFMOON WELLNESS Service at your own risk. Other than as expressly provided in writing by WOLFMOON WELLNESS in connection with your purchase of a WOLFMOON WELLNESS product, to the extent permitted by law, WOLFMOON WELLNESS expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, quiet enjoyment and any other warranty that might arise under any law. Without limiting the foregoing, WOLFMOON WELLNESS makes no representations or warranties:
- That the WOLFMOON WELLNESS Service is or will be permitted in your jurisdiction;
- That the WOLFMOON WELLNESS Service will be uninterrupted or error-free;
- Concerning any Content, including User Content;
- Concerning any third party’s use of User Content that you submit;
- That the WOLFMOON WELLNESS Service will meet your personal or professional needs;
- That WOLFMOON WELLNESS will continue to support any particular feature of the WOLFMOON WELLNESS Service; or
- Concerning sites and resources outside of the WOLFMOON WELLNESS Service, even if linked to from the WOLFMOON WELLNESS Service.
To the extent that another party may have access to or view Content on your device, you are solely responsible for informing such party of all disclaimers and warnings in these Terms. TO THE EXTENT ANY DISCLAIMER OR LIMITATION OF LIABILITY DOES NOT APPLY, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL APPLICABLE EXPRESS, IMPLIED, AND STATUTORY WARRANTIES WILL BE LIMITED IN DURATION TO A PERIOD OF 30 DAYS AFTER THE DATE ON WHICH YOU FIRST USED THE WOLFMOON WELLNESS SERVICE, AND NO WARRANTIES SHALL APPLY AFTER SUCH PERIOD.
4. Limitation of Liability
To the fullest extent permitted by law:
- WOLFMOON WELLNESS shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, economic or pure economic losses, goodwill, use, data, service interruption, computer damage, system failure, inability to use the WOLFMOON WELLNESS Service or Content or other intangible losses, even if a limited remedy set forth herein is found to have failed its essential purpose; and
- WOLFMOON WELLNESS’s total liability to you for all claims, in the aggregate, will not exceed the amount actually paid by you to WOLFMOON WELLNESS over the 12 months preceding the date your first claim(s) arose.
If you live in a jurisdiction that does not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation does not apply to you. To the extent that one or any aspect of WOLFMOON WELLNESS’s limitations set out above does not apply, all remaining aspects survive. The exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between WOLFMOON WELLNESS and you.
5. Safety Warnings
In becoming a user of WOLFMOON WELLNESS with the intent of using the WOLFMOON WELLNESS Service, you affirm that either (A) all of the following statements are true:
- no physician or general practitioner has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician or general practitioner;
- you have never felt chest pain when engaging in physical activity;
- you have not experienced chest pain when not engaged in physical activity at any time within the past month;
- you have never lost your balance because of dizziness and you have never lost consciousness;
- you do not have a bone or joint problem that could be made worse by a change in your physical activity;
- your physician or general practitioner is not currently prescribing drugs for your blood pressure or heart condition;
- you do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems; and
- you do not know of any other reason you should not exercise; or
(B) your physician or general practitioner has been specifically consulted by you and approved of your use of the WOLFMOON WELLNESS Service.
If applicable, you further affirm that
- you are not pregnant, breastfeeding or lactating; unless
- your physician or general practitioner has been specifically consulted and approved your use of the WOLFMOON WELLNESS Service.
WOLFMOON WELLNESS reserves the right to refuse or cancel your membership if we determine that you have certain medical conditions or that the representations set forth above are untrue in any respect.
- Contracting Entities, Governing Law and Jurisdiction
All users are contracting with WOLFMOON WELLNESS unless otherwise specified in these Terms.
If your contract for the WOLFMOON WELLNESS Service is with WOLFMOON WELLNESS, these Terms shall be governed by the laws of the State of New York, United States of America, without regard to principles of conflicts of law. If your contract for the WOLFMOON WELLNESS Service is with another WOLFMOON WELLNESS entity, these terms shall be governed by the laws of the jurisdiction under which that WOLFMOON WELLNESS entity is incorporated, without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply.
Subject to the agreements in Section 20 above,
- if your contract for the WOLFMOON WELLNESS Service is with WOLFMOON WELLNESS, exclusive jurisdiction for all Disputes that are not required to be arbitrated will be the state and federal courts located in Suffolk County, New York, United States of, and you consent to the jurisdiction of those courts, and
- if your contract for the WOLFMOON WELLNESS Service is with another WOLFMOON WELLNESS entity, exclusive jurisdiction for all Disputes are not required to be arbitrated will be the courts located in the jurisdiction under which that WOLFMOON WELLNESS entity is incorporated, and you consent to the jurisdiction of those courts.
- 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 WOLFMOON WELLNESS in exercising any right hereunder will waive any further exercise of that right. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of WOLFMOON WELLNESS. WOLFMOON WELLNESS’s rights and remedies hereunder are cumulative and not exclusive.
- 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 WOLFMOON WELLNESS’s prior written consent. WOLFMOON WELLNESS may assign its rights, obligations and/or these Terms at any time in its sole discretion without notice to you.
You consent to receive all communications including notices, agreements, disclosures, or other information from WOLFMOON WELLNESS electronically. WOLFMOON WELLNESS may communicate by email or by posting to the WOLFMOON WELLNESS Service. For support-related inquiries, you may email Support. For all other notices to WOLFMOON WELLNESS, write to the following addresses:
U.S. and Canadian Residents:
123 ABC St
New York, NY 10001
Attn: Legal Department
Nothing in these Terms or otherwise limits WOLFMOON WELLNESS’s right to object to subpoenas, claims, or other demands.
We may update these Terms at any time, in our sole discretion. If we do so, we’ll let you know by, at a minimum, posting the updated Terms (as indicated by a revised “Last Updated” date at the top of this page) on the WOLFMOON WELLNESS Site and/or through the WOLFMOON WELLNESS Service. Modifications will be effective on the date that they are posted to the WOLFMOON WELLNESS Site. It’s important that you review the Terms whenever we update them before you use the WOLFMOON WELLNESS Service. If you continue to use the WOLFMOON WELLNESS Service 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, except as otherwise provided in Section 20(f) “Effect of Changes on Arbitration,” you may not use the WOLFMOON WELLNESS Service anymore. Because the WOLFMOON WELLNESS Service is evolving over time we may change or discontinue all or any part of the WOLFMOON WELLNESS Service, at any time and without notice, at our sole discretion.
11. Entire Agreement
In the event of a conflict between any policies posted on the WOLFMOON WELLNESS Service and these Terms, these Terms will control. These Terms represents the entire understanding between WOLFMOON WELLNESS and you regarding the WOLFMOON WELLNESS Service or Content and supersede all prior agreements and understandings regarding the same. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
12. Force Majeure
Neither Party shall be liable for any failure or delay in performance under these terms (other than for delay in the payment of money due and payable in accordance with these terms) for causes beyond the party’s reasonable control and not caused by that party’s fault, or negligence, including, but not limited to, “acts of God”, acts of government, flood, fire, civil unrest, acts of terror, strikes or other labor problems, computer attacks or malicious acts, such as attacks on or through the internet, any internet service provider, telecommunications or hosting facility, but in each case, only if and to the extent that the non-performing Party is without fault in causing such failure or delay, and the failure or delay could not have been prevented by reasonable precautions and measures and cannot reasonably be circumvented by the non-conforming Party through the use of alternate sources, workaround plans, disaster recovery, business continuity measures or other means. Dates by which performance obligations are scheduled to be met will be extended for a period of time equal to the time lost due to any delay so caused.
- Misuse of this equipment can result in serious injury or death. Read manual before use and follow all warnings and instructions.
- Consult a physician before beginning a new fitness plan. Incorrect or excessive training can result in serious injury or death.
- If you experience faintness, chest pain, or shortness of breath, stop exercising immediately and consult a physician.
- Keep children who are under the minimum age requirements and pets away from equipment at all times.
- Inspect the equipment for wear and damage before using. Do not use before worn or damaged parts are replaced or repaired.
- Keep hands, loose clothing, shoelaces and accessories away from moving parts. Do not insert objects into openings on the equipment.
- Use caution when mounting and dismounting.
- Always unplug the equipment before servicing, and when it is not in use.
- Do not use or store the equipment outdoors or in damp or wet locations.
- Use equipment only as described in the user manual. WOLFMOON WELLNESS is not responsible for damage or injury caused by inappropriate use.
- WARNING! Heart rate monitoring systems may be inaccurate. Over exercising may result in serious injury or death. If you feel faint stop exercising immediately.
- Metrics on the screen may be inaccurate. Use values for reference only.