Barreology Terms of Use
Acceptance of the Terms of Use
Barreology, a brand managed by Xtend Holdings, LLC (“Barreology”, “we”, “us”, or “our”) provides an online barre training program and fitness community with related products, services, content and features. These terms of use are entered into by and between you (as a “user”) and Barreology. The following terms of use (“Terms of Use”) govern your access to and use of the website [www.barreology.com] (the “Website”) , including any content, functionality, products and services offered on or through the Website.
Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use. If you do not want to agree to these Terms of Use, you must not access or use the Website.
By using this Website, you further represent and warrant that you are of legal age to form a binding contract with Barreology and meet all eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. We will post the date of our latest updates at the conclusion of these Terms of Use. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes.
Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website.
You are responsible for making all arrangements necessary for you to have access to the Website and for ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.
Account Registration
You can register by creating an account on the Barreology site. All information that you provide must be accurate, including your name, address, credit, debit or charge card numbers and expiration dates, and any other payment information. You are responsible for keeping such information up-to-date and must provide changes promptly to your account page, which may be accessed at www.barreology.com. Barreology’s use of your information is governed by our Privacy Policy. You must promptly notify us or our payment processors if your payment method is cancelled or if you become aware of a potential breach of security.
Sale of Products
Barreology may offer props, apparel or accessories through our Website. Availability of products cannot be guaranteed and products are subject to change without notice. You should always use products offered for sale on the Barreology Website as instructed.
Barreology may offer products through third parties. Your participation, correspondence or dealings with any third party found on or through Barreology, whether regarding payment or delivery of specific products, or any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that Barreology is not responsible or liable for any loss, damage, injury or other matters of any sort incurred as the result of such dealings.
You agree to indemnify, defend, and hold harmless Barreology and its directors, officers, employees, and agents, from and against all claims, injuries, damages, losses and costs that arise from or relate to your activities on Barreology, including your purchase and use of any products offered for sale through Barreology or third parties.
Barreology Classes
Barreology offers a certification program whereby individuals can be certified to teach barre classes (“Instructors”). Instructors are responsible for the content and scheduling of their classes. Barreology will not be held responsible for any content of classes scheduled with individual Instructors on its website, or for any injuries, claims, or liability of any kind arising from classes conducted by individual Instructors.
Payment for Classes
If you sign up through the Barreology website instructor profile page for a class taught by a Barreology Instructor, you agree to pay the class fee specified by the instructor via the payment method you choose (plus any applicable taxes and other charges). Any agreement you have with your payment provider governs your use of your specified payment method. You will be billed for the class once your chosen instructor checks you in at the time your class takes place.
You may be asked to provide a payment method that we accept in order to sign up for Barreology classes, along with other payment information. You represent and warrant that you have the legal right to use all payment method(s) that you provide to us. Your authorizations in this section also apply to our payment processors and any other companies who act as billing agents for us. You hereby authorize us to charge your specified payment method when you check in for a Barreology class and/or to place a hold on your payment method with respect to any unpaid charges for your class attendance on behalf of your chosen Instructor. You authorize the issuer of your selected payment method to pay any amounts described herein without requiring a signed receipt from you.
You agree to pay all charges at the prices set by your Instructor for any purchase in accordance with the applicable payment terms presented to you at the time of purchase.
You acknowledge that although Barreology, through its third party payment processor, is collecting payment, it does so on behalf of each individual Instructor. All classes are serviced by individual Barreology Instructors. Barreology passes these payments to Instructors. In no case will Barreology be responsible for issuing you any refunds or credits.
Intellectual Property Rights
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) (“Barreology Content”) are owned by Barreology or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Website for your personal, non-commercial use only. You agree not to copy, download, modify, delete, remove, distort, sell, post, transmit, display, distribute, perform, broadcast, create derivative works, make non-personal use of, make available, or reproduce, in any way, in whole or in part, any Barreology Content, including any content made available to you by any Barreology Instructor, or third party intellectual property, without first obtaining our prior written consent or the prior written consent of the third party owner or licensor.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Barreology. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
Trademarks
The Barreology name, the Barreology logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Barreology or its affiliates. You must not use such marks without the prior written permission of Barreology. Any other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to do any of the following:
- Barreology, a Barreology employee, another user, or any other person or entity;
- Barreology or users of the Website, or expose them to liability;
Safety Warnings
You should consult your physician or other licensed healthcare provider before participating in any exercises or classes offered by Barreology. Nothing stated or posted on the Barreology website is intended to be, and must not be taken to be, medical or professional advice or care. It is critical that you consult a medical professional before using any services provided by Barreology, especially if you are prone to injuries, are pregnant or nursing, or have any other unique or special medical conditions. Your use of Barreology services is at your own risk. All Barreology services are provided for entertainment and informational purposes only, and are not intended to provide any medical advice, opinion, diagnosis, treatment or guarantee.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Barreology, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Barreology. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over, or approval of, the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. You acknowledge and agree that Barreology is 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.
No Warranties
To the fullest extent permitted by law, you agree that the Website and all associated content is provided “AS IS,” “AS AVAILABLE,” “WHERE IS,” “WITH ALL FAULTS” and without any warranty of any kind, express or implied, including any warranty of merchantability or fitness for a particular purpose. Further, we expressly disclaim all liability for errors and omissions related to the Website and all associated content. Neither Barreology nor anyone associated with Barreology represents or warrants that the Website, or any services or items obtained through the Website will be accurate, reliable, error-free, or uninterrupted, or that defects will be corrected. Your access and use of the Website is therefore at your sole risk.
Limitation on Liability
IF YOU DO NOT ACCEPT THE LIMITATION OF LIABILITY BELOW, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE WEBSITE OR ASSOCIATED CONTENT.
To the fullest extent provided by law, in no event will Barreology, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Website, any websites linked to it, any content on the Website or such other websites, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.
Indemnification
You agree to defend, indemnify, and hold harmless Barreology, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.
Governing Law and Jurisdiction
All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Florida, in each case located in Walton County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Waiver and Severability
No waiver by Barreology of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Barreology to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Entire Agreement
The Terms of Use, including the Barreology Instructor Terms (if applicable), constitute the sole and entire agreement between you and Barreology regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
These Terms of Use were last updated November 13th, 2020