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Terms & Conditions

hoolio Terms of Use V1.0

Welcome to hoolio.com, the website and online platform for health and wellness (the “Service”), operated by Emaginal AG, Root, Switzerland (“hoolio”). The Terms of Use are a legally binding agreement between (i) you and hoolio and (ii) you (if you are a Standard User or Premium User) and the Professional Users or you (if you are a Professional User) and the Standard Users and Premium User, regarding your use of the Service. By using the Service, you acknowledge that you have read, understood and agree to be bound by the Terms of Use, including any additional guidelines, the hoolio Privacy Policy, and any future modifications thereof (collectively, the “Agreement”), whether or not you become a “Member” by registering an account on the service. If you object to anything in this Agreement or the hoolio Privacy Policy, please immediately terminate your use of the Service.

  1. Eligibility.  Membership in the Service is restricted to natural persons. Membership in the Service is void where prohibited. By using the Service, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. You must be 18 years of age, or the age of majority in your province, territory or country, to become a member of the Hoolio service. Minors may only use the service under the supervision of an adult.
  2. Privacy. Your privacy is important to us. The hoolio Privacy Policy (“Privacy Policy”) is hereby incorporated into this Agreement by reference. Please read the Privacy Policy carefully for details relating to the collection, use, and disclosure of your personal information.
  3. Individual Features and Services. When using the Service, you will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time (the “Guidelines”). All such Guidelines are hereby incorporated by reference in this Agreement. To the extent that any terms of the Terms of Use conflict with any Guidelines, the Terms of Use shall control.
  4. Modification of Terms. hoolio reserves the right, in our sole discretion, to change, modify, add, or remove portions of this Agreement at any time without notice to you. Please check the Terms of Use and any Guidelines periodically for changes. Your continued use of the Service after the posting of changes constitutes your binding acceptance of such changes. For any material changes to this Agreement, such amended terms will automatically be effective thirty days after they are initially posted on the Service.
  5. Services. The Services shall include Services from hoolio (“hoolio Services”), such as training, instruction, Events and guidance (such as with curated videos), the online profiles, tips around fitness and health, etc., and Services provided by Professional Users (“Professional Services”), such as training, instructions, events and guidance.
    1. Non-comercial. The Hoolio service and any content viewed through the service are for your personal and non-commercial use only. During your Hoolio Premium Membership we grant you a limited, non-exclusive, non-transferable, license to access the Hoolio service and view video workouts on a streaming-only basis. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You agree not to use the service for public performances.
    2. Quality of Service. The quality of the display of the video workouts may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. The minimum connection speed for SD quality is 0.5 Mbps; however, we recommend a faster connection for improved video quality. A download speed of at least 5.0 Mbps per stream is recommended to receive HD content, which is defined as 720p or better. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. The time it takes to begin watching a video workout will vary based on a number of factors, including your location, available bandwidth at the time, video workout you have selected and the configuration of your Hoolio Ready device.
    3. Hoolio Ready Devices The Hoolio service is currently available through any modern Web Browser at www.hoolio.com in desktop and laptop computers, tablets and smartphones. Nevertheless in order to get access to the full feature set it is recomended that you use the service in a recent version chrome, firefox or Opera browser on desktop or laptop computers that are defined as the Hoolio ready devices. The service will be available also via mobile, tablet and smartTV apps that will be added as Hoolio ready devices in later versions of this document.
  6. Membership. When you register for an account on hoolio, you become a Member of hoolio. At the time of registration you may choose to become a Member as either a Standard User, a Premium User or as a Professional User as defined below.
    1. Standard User Membership. Members using the hoolio Services and Professional Services are “Standard Users”. Registering as a Standard User is free of charge. Once registered, Standard Users can use the free hoolio Service and upgrade at any time to the Premium Hoolio Service.
    2. Premium User Membership. Your Hoolio Premium Membership will continue month-to-month or year-to-year until terminated. Unless you cancel your membership before your monthly or yearly renewal date, you authorize us to charge your next month's membership fee to your Payment Method (see "Cancellation" below). To use the Hoolio Premium service you must have Internet access and a Hoolio ready device, and you must provide us with a current, valid, accepted method of payment, which you may update from time to time ("Payment Method"). You can find specific details regarding your membership with Hoolio by visiting our website and clicking on the "My Profile" link available at the top of the pages of the Hoolio website under your profile name.
    3. Professional User Membership. Members using the service to offer training, instruction, or guidance Standard Users are “Professional Users.” You must be at least eighteen (18) years of age to register as a Professional User. Professional Users may be called “Fitness Professionals,” “Nutrition Professionals” or other terms depending on the training, instruction or guidance they offer through the Service. Professional Users may also use the hoolio Services and the Professional Services, in which case the terms applicable to Standard Users also apply to Professional Users.
    4. Registration. Upon registration for a Professional User Membership, you may provide certain information about your certification, education and qualifications as a fitness instructor. By providing this information, you authorize a background check to verify the accuracy of the information provided to be conducted by hoolio, contractors or authorized third-parties. hoolio has the right not approve Professional User Memberships that are not verified or not to disclose non-verified information in the profile of the Professional User. hoolio reserves the right to reject your Professional User Membership for any reason.
    5. Professional Services. The Professional User may determine the Professional Services he wishes to provide and shall determine which ones shall be free of charge (“Free Services”) and which ones shall be Paid Services. He undertakes to provide all relevant information and descriptions regarding the Professional Services and their pricing.
    6. Commission and Membership Fee. Registering as a Professional User is free of charge. hoolio may charge the Professional User a “Commission” on Paid Services and a “Membership Fee” in accordance with the “Professional Services Fees” published on the site and amended from time to time without notice. Any additional terms related to the Commission and the Membership Fee may be presented to you during the registration process and/or thereafter and are deemed part of this Agreement.
    7. Commission. The Professional User shall pay hoolio the Commission on all Paid Services provided by the Professional User. As used herein, the “Commission” shall mean an amount equal to the percentage of revenue actually received. In addition to the Commission, hoolio may charge the Professional User any applicable VAT, if any, and certain costs in accordance with hoolio’s then-current practices or policies as may be changed from time to time without notice, including without limitation, transaction fees, charge backs, bad debt, taxes, commissions, referral fees and technology fees related to the Service.
    8. Payment of Paid Services. The Professional User acknowledges and agrees that all Paid Services provided by him shall be charged through hoolio’s payment system to the Standard Users. The payments received from the Standard Users for the Professional User’s Professional Services shall be credited to the Professional User’s online account on the site minus the Commission and the costs mentioned above. hoolio shall disburse to the Professional User such amounts shall be due for payment to the Professional User within 30 days of the event related to the Paid Service. hoolio may choose to disburse payments more frequently, but is under no obligation to do so. The Professional User acknowledges and agrees that hoolio uses Stripe as a payment system and agrees to Stripe’s terms of use.
    9. Insurance. hoolio recommends that Professional Users purchase appropriate general liability and professional liability insurance prior to using the hoolio Service.
  7. Tax Liability. As a Professional User you acknowledge and agree that you are liable for any and all tax liability (VAT, sale’s tax, income tax, etc.) arising from the provision of the Professional Services to the Standard Users. hoolio shall have the right to request tax information from the Professional User. Relationship.
    1. Relationship between hoolio and Standard Users. hoolio provides the platform hoolio.com to connect Standard Users and Professional Users. In addition, hoolio provides the hoolio Premium Services as described above and on hoolio.com.
    2. Relationship between hoolio and Professional Users. The Professionals Users are independent contractors and not agents or employees of hoolio. hoolio is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of health professionals or from any personal injuries, death, property damage, or other damages or expenses resulting therefrom.
    3. Relationship between Standard Users and Professional Users. The Professional Users provide the Professional Services directly to the Standard Users and shall be fully liable for their acts, errors, omissions, representations, warranties, breaches or negligence or from any personal injuries, death, property damage, or other damages or expenses resulting therefrom.
  8. Billing to the Premium Users.
    1. General. hoolio bills you through its payment system (your “Billing Account”) for use of the Premium Services. You agree to pay hoolio and you authorize hoolio to charge your chosen payment provider (your “Payment Method”) for your use of the Premium Membership. You agree to make payment using your selected Payment Method. hoolio reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
    2. Billing Cycle. Billing Cycle. The Premium Membership fee for our service will be billed on a monthly or yearly basis to your Payment Method on the calendar day corresponding to the commencement of your paid membership. In some cases the timing of your billing may change, for example if your Payment Method has not successfully settled or if your paying membership began on a day not contained in a given month. Visit our website and click on the "History" link on the "My Profile" page to see your Premium membership status.
    3. Payment Methods. You can change your Payment Method by visiting our website and clicking on the "My Profile" link. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not change your Payment Method or cancel your account, we may suspend your access to the service until we have obtained a valid Payment Method. You authorize us to continue billing the Payment Method, as it may be updated and you remain responsible for any uncollected amounts. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.
    4. Free Trials. Your Hoolio Premium membership may start with a free trial. The free trial period of your membership lasts for one month, or as otherwise specified during sign-up and is intended to allow new members and certain former members to try the service. You will be notified during sign-up whether you are eligible for a free trial. We will bill your Payment Method for your monthly membership fee at the end of the free trial period unless you cancel your membership prior to the end of the free trial period. You will not receive a notice from us that your paid membership has begun.
    5. Current Information Required. YOU MUST PROMPTLY NOTIFY hoolio IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USERNAME OR PASSWORD.
    6. Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method (the “Payment Method Provider”). If hoolio does not receive payment from your Payment Method Provider, you agree to pay all amounts due on your account upon demand, or hoolio may suspend or terminate your access to the Service.
    7. Reaffirmation of Authorization. Your non-termination or continued use of the Service reaffirms that hoolio is authorized to charge your Payment Method. hoolio may submit those charges for payment and you will be responsible for such charges. This does not waive hoolio’s right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described on the applicable payment screen.
    8. Free Trials and Other Promotions. Any free trial or other promotion, for example waiving the Paid Service fee for a period of time, must be used within the specified time of the trial. You must choose to terminate your access to the feature or service before the end of the trial period in order to avoid being charged the applicable fee. If you terminate access prior to the end of the trial period and are inadvertently charged a fee, please contact hoolio to have the charges reversed.
  9. Pricing. hoolio attempts to make all prices published through the Service accurate. Price quotations listed on the Site or elsewhere in the Service are subject to change without notice prior to purchase. Prices listed on the site are per person, unless otherwise noted. We may change our service plans and the price of our service from time to time; however, any price changes or changes to our service plans will apply to you no earlier than 30 days following email notice to you.
  10. Cancellation of Premium Membership. You can cancel your Hoolio Premium Membership at any time, and you will continue to have access to the Hoolio Premium service through the end of your monthly billing period. We do not provide refunds or credits for any partial-month membership periods. To cancel, go to the "My Profile" page and follow the instructions for cancellation. If you cancel your Premium Membership, your account will automatically downgraded to a Free Membership account at the end of your current billing period. To see when your account will downgraded, click "History" on the "My Profile" page.
  11. Your Interactions with Other Members.
    1. Interactions with Other Members. You are solely responsible for your interactions with other Members. hoolio makes no representations or warranties as to the conduct of Members and shall not be in any way liable for any conduct of any Member. You agree to take reasonable precautions in all interactions with other Members of the Service, particularly if Standard Users and Professional Users decide to meet offline or in person. You should not provide your financial information (for example, your credit card or bank account information) to other Members.
    2. Release. You hereby release hoolio from any and all claims, demands, damages (actual, consequential, nominal, punitive, or otherwise), equitable relief, and any other legal, equitable, and administrative remedy, of every kind and nature, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, past, present, or future, arising out of or in any way connected with your interaction with other users on the Service.
  12. Term and Termination. This Agreement will remain in full force and effect while you use the Service and/or are a Member. You may terminate your membership, subject to the terms related to cancellation of membership contained in this Agreement, at any time, for any reason, by emailing us a written notice at: support@hoolio.com. If you terminate your membership via the hoolio.com site, to help hoolio analyze and improve the Service, you may be asked to provide a reason for your termination. hoolio may, in its sole discretion and for any or no reason, terminate your membership by sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to hoolio. If hoolio terminates your membership in the Service because you have breached this Agreement, you will not be entitled to any refund. All decisions regarding the termination of accounts shall be made in the sole discretion of hoolio. hoolio is not required to provide you notice prior to terminating your membership. hoolio is not required to disclose, and may be prohibited from disclosing, a reason for the termination of your account.
  13. Account Security. You are responsible for maintaining the confidentiality of the username and password that you use to register for and use the Service. You agree to (a) immediately notify hoolio of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. hoolio will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
  14. Content on hoolio.
    1. Proprietary Rights. hoolio, and its licensors, own and retain all proprietary rights in the Service. The Service contains content, visual interfaces, interactive features, information, graphics, design, compilation, computer code, products, software, services and other elements of the Service (the “hoolio Materials”) that are protected by the applicable copyright, design, patent, and trademark laws, international conventions, and other relevant intellectual property and proprietary rights, and applicable laws. Except for that information which is in the public domain or for which you have been given express written permission, you may not copy, modify, publish, transmit, distribute, license, perform, display, or sell any hoolio Materials. hoolio Materials do not include User Content (as defined below) or other content submitted by users. hoolio retains all rights not expressly granted in this Agreement. You shall not acquire any right, title or interest to the Service or hoolio Materials, except for the limited rights set forth in this Agreement.
    2. Reliance on Content. Advice, opinions, statements, offers, or other information or content, including without limitation User Content (as defined below), made available through the Service, but not directly by hoolio, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. hoolio does not: (i) guarantee the accuracy, integrity, quality, legality, safety, completeness, or usefulness of any information on the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Service. Under no circumstances will hoolio or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Service or transmitted to or by any users or Members.
  15. Content Posted by You on the Service.
    1. Accurate Content. You are solely responsible for the User Content that you publish or display (hereinafter, “post”) on the Service, or transmit to other Members.
    2. Moderating Content. You understand and agree that hoolio may, but has no obligation to, moderate, review and delete any content, comments, messages, photos or profiles (collectively, “User Content”), in each case in whole or in part, that in the sole judgment of hoolio, violates this Agreement, might be offensive or illegal, or that might violate the rights or safety of Members.
    3. License to User Content. By posting User Content to any public area of hoolio, you automatically grant, and you represent and warrant that you have the right to grant, to hoolio, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and User Content and to prepare derivative works of, or incorporate into other works, such information and User Content, and to grant and authorize sublicenses of the foregoing. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content. You also hereby grant to each user and Member of the Service a non- exclusive license to access your User Content, in each case as permitted by the functionality of the Service and this Agreement. The above license granted by you shall survive any termination or expiration of this Agreement.
    4. Representations and Warranties. In connection with the User Content, you affirm, represent, and/or warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to post the User Content to the Service, to authorize hoolio to use the User Content in the manner contemplated by hoolio and this Agreement, and to grant the rights and licenses set forth above, (ii) the public posting and use of your User Content by hoolio and other users and Members will not infringe or violate the rights of any third party or violate any applicable law or regulation.
    5. Prohibited User Content. The following is a partial list of the kind of User Content that is illegal or prohibited on the Service. hoolio reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. It includes, but is not limited to, User Content that:
      1. is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
      2. harasses or advocates harassment of another person;
      3. involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”;
      4. promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, profane, offensive, sexually oriented, racially offensive, defamatory or libelous;
      5. promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
      6. contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
      7. provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18;
      8. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
      9. solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and
      10. engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
    6. Member Profile. All information you include in your Member profile, including without limitation the information in your account (including billing information), must be accurate, current and complete. If information provided to hoolio, or another Member, subsequently becomes inaccurate, misleading or false, you will promptly notify hoolio of such change.
  16. Prohibited Activities. hoolio reserves the right to investigate and terminate your membership if you have misused the Service, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal. The following is a partial list of the type of actions that you may not engage in with respect to the Service:
    1. You will not use the Service for any purpose that is unlawful or prohibited by this Agreement.
    2. You will not impersonate any person or entity.
    3. You will not “stalk” or otherwise harass any person.
    4. You will not express or imply that any statements you make are endorsed by hoolio without our specific prior written consent.
    5. You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
    6. You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
    7. You will not remove any copyright, trademark or other proprietary rights notices contained in the Service.
    8. You will not interfere with or disrupt the Service or the site or the servers or networks connected to the Service or the site.
    9. You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
    10. You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service.
    11. You will not “frame” or “mirror” any part of the Service or the Service, without hoolio’s prior written authorization. You also shall not use meta tags or code or other devices containing any reference to hoolio or the Service or the site in order to direct any person to any other web site for any purpose.
    12. You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or any software used on or for the Service or cause others to do so.
  17. Modifications to Service. hoolio reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that hoolio shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
  18. Blocking of IP Addresses. In order to protect the integrity of the Service, hoolio reserves the right at any time in its sole discretion to block Members from certain IP addresses from accessing the Service.
  19. Copyright Policy.
    1. Notice. It is hoolio’s policy to respond to clear notices of alleged copyright infringements. In addition, we will promptly terminate without notice the accounts of those determined by us to be “repeat infringers”. If you are a copyright owner or an agent thereof, and you believe that any content hosted on the Service infringes your copyrights, then you may submit a notification by providing hoolio with the following information in writing:
      1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
      2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Service are covered by a single notification, a representative list of such works at that site.
      3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit hoolio to locate the material.
      4. Information reasonably sufficient to permit hoolio to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
      5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
      6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
    2. Counter Notice. If you elect to send us a counter notice, to be effective it must be a written communication that includes:
      1. Your physical or electronic signature.
      2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
      3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
      4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which hoolio may be found, and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
    3. Copyright Notice Contact Details. Copyright notices shall be submitted to: emaginal AG, Platz 4, D4, CH-6039, Root, Switzerland OR by email at: copyright@hoolio.com. For clarity, only DMCA notices should go to the hoolio Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to hoolio customer service through support@hoolio.com. You acknowledge that if you fail to comply with all of the requirements of this section, your notice may not be valid.
    4. Repeat Infringer. Please note that hoolio will promptly terminate without notice any user’s or Member’s access to the Service if that user or Member is determined by hoolio to be a “repeat infringer.” A “repeat infringer” is a user or Member who has been notified by hoolio of infringing activity violations more than twice and/or who has had their User Content or any other user- submitted content removed from the Service more than twice. In addition, hoolio accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.
  20. Disclaimers.
    1. Results Not Guaranteed. hoolio DOES NOT GUARANTEE ANY RESULTS FROM USE OF THE SERVICE. hoolio DOES NOT ENDORSE ANY FITNESS OR NUTRITION PROGRAM OFFERED THROUGH THE SERVICE. ANY STATEMENTS, GUARANTEES, OR OTHER INFORMATION THAT MAY BE PROVIDED TO YOU BY HEALTH PROFESSIONALS OR OTHER USERS OF THE SERVICE ARE SOLELY ATTRIBUTABLE TO THE HEALTH PROFESSIONAL OR USER. hoolio IS NOT LIABLE FOR ANY STATEMENTS OR GUARANTEES MADE BY HEALTH PROFESSIONALS OR OTHER USERS.
    2. No Warranties; “As Is,” “As Available,” and “With All Faults”. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, hoolio, AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS, IMPLIED OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON- INFRINGEMENT. YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT ANY ADVICE THAT MAY BE POSTED ON THE SERVICE IS FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY AND WILL NOT CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. THE SERVICE, USER CONTENT AND ANY THIRD-PARTY MEDIA, CONTENT, SOFTWARE, SERVICES OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE”, “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.
    3. Operation and Content. hoolio IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON OR IN CONNECTION WITH THE SERVICE, WHETHER CAUSED BY USERS OF THE SERVICE, MEMBERS OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE SERVICE. hoolio ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, USER OR MEMBER COMMUNICATIONS. hoolio IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF EMAIL OR PLAYERS ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO USERS AND/OR MEMBERS OR TO ANY OTHER PERSON’S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE WEB AND/OR IN CONNECTION WITH THE SERVICE.
    4. User and Member Conduct. hoolio IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OR MEMBER OF THE SERVICE. UNDER NO CIRCUMSTANCES WILL hoolio OR ANY OF ITS AFFILIATES, ADVERTISERS, PROMOTERS OR DISTRIBUTION PARTNERS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE’S USE OF THE SERVICE, ANY CONTENT POSTED ON THE SERVICE OR TRANSMITTED TO MEMBERS, OR ANY INTERACTIONS BETWEEN USERS OF THE SERVICE, WHETHER ONLINE OR OFFLINE. hoolio IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANY EVENTS OR ACTIONS OCCURING AT VENUES OR ANY INTERACTION BETWEEN A USER OF THE SERVICE AND ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION EMPLOYEES OF A VENUE OR OTHER PATRONS OF A VENUE. hoolio CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICE.
  21. Links and Third Party Services. The Service may provide, or third parties may provide, links or functionality in the Service to other websites or third party resources (“Third Party Services”). Because hoolio has no control over Third Party Services, you acknowledge and agree that hoolio is not responsible for the availability of the Third Party Service, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from the Third Party Services. You further acknowledge and agree that hoolio shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such Content, goods or services available on or through Third Party Services. ACCESS AND USE OF THIRD PARTY SERVICES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON THIRD PARTY SERVICES OR AVAILABLE THROUGH THIRD PARTY SERVICES, IS SOLELY AT YOUR OWN RISK. When you leave the Service, our terms and policies no longer govern. You should review applicable terms and policies, including the privacy and data gathering practices, of any Third Party Service.
  22. Release of Liability for Injury or Death; Limitation on Liability; Damages.
    1. Release of Liability for Injury or Death. YOUR PARTICIPATION IN TRAINING SESSIONS OR OTHER PROGRAMS THROUGH THE hoolio SERVICE IS AT YOUR OWN RISK. Exercise Programs of any Kind represent an Inherent danger to participants. NEITHER hoolio NOR HEALTH PROFESSIONALS ARE LIABLE FOR ANY PERSONAL INJURY OR DEATH THAT RESULTS FROM USE OF THE SERVICE INCLUDING PARTICIPATION IN TRAINING SESSIONS. YOU RELEASE hoolio AND HEALTH PROFESSIONALS FROM ALL LIABILITY FOR INJURY OR DEATH THAT RESULTS FROM YOUR PARTICIPATION IN A TRAINING SESSION OR USE OF THE hoolio SERVICE. hoolio WILL NOT BE LIABLE TO HEALTH PROFESSIONALS FOR ANY INJURY OR DEATH THAT RESULTS FROM HEALTH PROFESSIONALS USE OF THE SERVICE AND IF YOU ARE A HEALTH PROFESSIONAL, YOU RELEASE hoolio FROM ANY SUCH LIABILITY. Members should consult a physician before beginning use of the service or any exercise program or training session. not all exercise programs OR training sessions are appropriate for all members. PLEASE CHECK ALL EQUIPMENT AND THE AREA IN WHICH YOU ARE USING THE SERVICE FOR ANY DANGEROUS CONDITIONS. IN CASES WHERE APPLICABLE LAW DOES NOT ALLOW THE ABOVE RELEASE OF LIABILITY, hoolio’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
    2. Limitation of Liability. Except in jurisdictions where such provisions are restricted, in no event, and under no legal theory, including without limitation negligence, will hoolio or its affiliates, contractors, employees, agents or third party partners or suppliers be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including without limitation lost profits, data or use or cost of cover, even if hoolio has been advised of the possibility of such damages. In cases where applicable law does not allow the above limitation of liability, hoolio’s liability will be limited to the extent permitted by law.
    3. Limitation of Damages. In no event shall hoolio or its affiliates, contractors, employees, agents, or third party partners, licensors or suppliers’ total liability to you for any cause whatsoever (whether in contract, tort (including negligence), warranty, or otherwise), and regardless of the form of the action, exceed the greater of: (i) one hundred dollars or (ii) the amount paid by you to hoolio for the Service in the 12 months prior to the action giving rise to the liability.
  23. Indemnity by You. You agree to indemnify and hold hoolio, its parent, subsidiaries, affiliates, officers, agents, licensors, and other partners and employees, harmless from any loss, liability, claim, damages, obligations, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of (i) your use of the Service, (ii) your violation or breach of this Agreement, (iii) your User Content, or (iv) any breach of your representations and warranties set forth above. hoolio reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of hoolio. hoolio will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
  24. Miscellaneous.
    1. Notice. hoolio may provide you with notices, including those regarding changes to this Agreement, by email or postings on the Service. Notice will be deemed given 24 hours after the email is sent, unless hoolio is notified that the email address is invalid. Alternatively, we may give you notice through a mechanism made available through the Service, such as through the use of a pop-up on the Service.
    2. No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
    3. Waiver. A provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of hoolio to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision.
    4. Survival. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
    5. Entire Agreement. This is the entire agreement between you and hoolio relating to the subject matter herein and supersedes all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter. The Agreement shall not be modified except in writing, signed by both parties, or by a change to the Agreement or Guidelines made by hoolio as set forth in Section 4 above.
    6. Severability. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
    7. Assignment. The Agreement, and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by hoolio without restriction. Any assignment attempted to be made in violation of this Agreement shall be void.
    8. Headings. The heading references herein are for convenience purposes only, do not constitute a part of this Agreement, and shall not be deemed to limit or affect any of the provisions hereof.
    9. Jurisdiction and Choice of Law. IN THE EVENT OF ANY DISPUTE ARISING OUT OF THE SERVICE, BY USING THE SERVICE, YOU EXPRESSLY AGREE THAT ANY SUCH DISPUTE SHALL BE GOVERNED BY THE LAWS OF SWITZERLAND, WITHOUT REGARD TO ITS CONFLICT OF LAW PROVISIONS, AND YOU EXPRESSLY AGREE AND CONSENT TO THE EXCLUSIVE JURISDICTION OF THE COURTS OF THE CANTON OF LUCERNE, THE VENUE BEING THE CITY OF LUCERNE, SWITZERLAND, FOR THE RESOLUTION OF ANY SUCH DISPUTE.