EMG Cloud Solutions, LLC Terms of Use
To our members: As with any website, we, legally, need to represent to you our Terms of Service. Yes, they are lengthy, so a bit of a summary first:
1) Do not work out unless you are ready and able. Most of our classes are intermediate, and something to aspire to. We cannot be held responsible for any injury you may incur due to taking these classes. BE CAREFUL. Work towards the goal. Push yourself, but not over your limits.
2) The content in this site is for the use of the paying members. It is illegal to copy or distribute it. This is a streaming site ONLY!!. No downloading is available or allowed.
3) You can get a refund if the site is unavailable and you have already paid for the class. And you can cancel at anytime and get a refund on any classes not taken. Just email us at [email protected].
4) Lots of disclaimers and information about the discussion board. We will do our best to moderate and assure that no inappropriate content is allowed, however, we can't monitor 24/7. If you are on the discussion board, please watch your language, don't be mean, and if you do find anything to be inappropriate, call us at 908 228 2339, and just log off the board.
5) We operate in the United States. If any of the content is not appropriate for any country outside of the U.S., we can't be held responsible. If you are logging in from outside of the U.S., please understand that you must abide by the United States laws and regulations and we haven't taken into account your countries rules and regulaltions...(wouldn't that be cumbersome?)
These Terms of Use ("TOS") set forth the legally binding terms for your use of The EMG Cloud Solutions, LLC (“EMG”) website at http://www.emglivefitness.com (the “Site”). By using the Site, you (the “User”) agree to be bound by these TOS, whether you are a "Visitor" (which means that you simply browse the Site) or you are a "Member" (which means that you have elected to purchase services from EMG and/or the Site). The term "User" refers to a Visitor or a Member. You are only authorized to use the Site (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to these TOS. Please read these TOS carefully and save it. If you do not agree with them, you should leave the Site and discontinue use of the Site immediately. If you wish to become a Member, and make use of the Site, you must read these TOS and assent to the terms and conditions set forth herein.
The contents of the Site, such as live streaming fitness classes (and/or recorded videos thereof), text, graphics, images, and other material contained on the Site ("EMG Content") are for fitness purposes only. There are risks involved in participating in any exercise program, including those contained in the EMG Content, so you are urged to always seek the advice of your physician or other qualified health provider prior to participating in any fitness class as part of the EMG Content. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site.
CHILDREN'S PRIVACY
We are committed to protecting the privacy of children. You should be aware that this Site is not intended or designed to attract children under the age of 18. We do not collect personally identifiable information from any person we actually know is a child under the age of 18.
USE OF CONTENT
EMG authorizes you to view a single copy of the material on the Site solely for your personal, noncommercial use. Any reproduction permitted under this User Agreement must contain notice of EMG copyright as follows: "Copyright (c) EMG Cloud Solutions, LLC. All rights reserved.
The EMG Content is protected by copyright under both United States and foreign laws. Title to the EMG Content remains with EMG or its licensors. Any use of the EMG Content not expressly permitted by these TOS is a breach of these TOS and may violate copyright, trademark, and other laws. EMG Content and features offered on the Site are subject to change or termination without notice in the editorial discretion of EMG. All rights not expressly granted herein are reserved to EMG and its licensors.
If you violate these TOS, your permission to use the EMG Content and the Site automatically terminates and you must immediately cease accessing and/or using the aforementioned.
EMG may modify these TOS from time to time and such modification shall be effective upon posting by EMG on the Site and by emailing you. You agree to be bound to any changes to this Agreement when you access the Site after any such modification is posted. It is therefore important that you review these TOS regularly to ensure that you are updated as to any changes.
YOUR MEMBERSHIP ACCOUNT
EMG does not issue refunds for Membership/services purchased on or via the Site except in the unlikely event that: (1) EMG fails to deliver the EMG Content purchased by a User as a result of an EMG-controlled server failure or an electrical outage caused by EMG; or (2) the particular instructor assigned to a fitness session purchased by the User fails to provide the services as originally scheduled on the Site, and the User does not participate in any alternate services made available by EMG to the User as a reasonable substitute.
Memberships are not transferable and only you are authorized to use your designated Membership account. You may cancel your Membership at any time by e-mailing us at [email protected] . (but no refund will be provided on services already purchased). You are responsible for providing a valid email address account at the time you register for a Membership. You represent and warrant that you are an authorized user of such email address account, and you agree to pay all charges resulting from your Membership at the prices then in effect, including any unauthorized charges incurred prior to your notifying us of such charges. All charges are exclusive of sales or other taxes and you are responsible for payment of any applicable state, local and city taxes. EMG reserves the right to modify or terminate Membership plans, change prices, or institute new charges for any services at any time with at least thirty (30) days notice.
ONLINE COMMUNITIES AND POSTINGS
The Site may contain message and communication facilities ("Communities") that may provide you and other Users an opportunity to submit, upload, post, display, transmit and/or exchange information, ideas, opinions, information, files, messages, transmissions and Content with other users and/or with us and these are referred to in this Agreement as a "Post" or "Posting," and are collectively ("User Submissions"). You understand that whether or not such User Submissions are published, EMG does not guarantee any confidentiality with respect to any submissions. EMG reserves the right at all times, but does not have the obligation to edit, refuse to post, or to remove any Posting, in whole or part, that EMG deems inappropriate for inclusion in the Communities, for any reason or for no reason. EMG may delete any content that in the sole judgment of EMG violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. EMG assumes no responsibility for monitoring the EMG Content for inappropriate content or conduct. If at any time EMG chooses, in its sole discretion, to monitor User Submissions, EMG nonetheless assumes no responsibility for the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the User submitting any such content. Communities are public and not private and you should assume your Postings will be read by others, with or without your knowledge or permission. Your use of the Communities is at your own risk and you should not disclose or make available your personal information in any Posting or in any Community. Your Posting will become public upon your election through the Site.
We do not endorse and have no control over the User Submissions. You understand that when using the Site, you may be exposed to User Submissions from a variety of sources, and that EMG is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against EMG with respect thereto, and agree to indemnify and hold EMG, its owners, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Site. EMG neither endorses nor controls User Postings available, delivered or displayed in the Communities and assumes no duty to monitor or endorse Postings within the Communities, nor does EMG represent or guarantee the truthfulness, accuracy or reliability thereof or that any Posting complies with the terms or conditions of these TOS. Postings do not reflect the views of EMG or any affiliates.
In no event shall EMG or any affiliates have or be construed to have any responsibility or liability for or in connection with any Posting whatsoever; provided, however, if we determine, in our sole discretion and judgment, that any Posting does or may violate any of the terms of this Agreement, we reserve the right, at any time and without limiting any and all other rights we may have under this Agreement, at law or in equity, to: (a) refuse to allow you to Post; (b) remove and delete Postings; (c) revoke your right to use the Communities and the Site; and/or (d) use any technological, legal, operational or other means available to us to enforce the provisions of these TOS, including, without limitation, blocking specific IP addresses or deactivating your registration as a Site Member. You retain all of your ownership rights in your User Submissions. If a Posting originates from you or your Membership account, you hereby agree that:
(a) you are placing the Posting in the public domain without reservation of any rights, or further control over the Posting or its use, unless you have limited access to such Posting, and you specifically authorize EMG to use such Posting in whole or in part, throughout the universe, and you are automatically granting EMG a royalty-free, worldwide, perpetual, irrevocable, unrestricted, unconditional, non-exclusive, transferable license to use, reproduce, modify, publish, edit, adapt, create derivative works from, translate, distribute, perform, display and otherwise exploit such Posting and all elements thereof alone or as part of other works in any form, media, or technology, whether now known or hereafter developed or discovered, in connection with EMG’s (and its successor's) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels, and to license and sub-license such rights through multiple tiers of sub-licenses, all without any notification or obligation to you, of compensation, attribution or otherwise. You also hereby grant each User of the Site a non-exclusive license to access your User Submissions through the Site, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Site and under these TOS;
(b) you represent and warrant that (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize EMG to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Site and these TOS; the Posting is original to you or fully cleared for use as contemplated herein, (ii) the Posting does and will not, in any way, violate or breach any of the terms of these TOS (iii) the Posting does not contain libelous, tortious, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or otherwise unlawful or inappropriate information, infringe or violate any copyright protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant EMG all of the license rights granted herein, violate any other right, or contain any matter the publication or sale of which will violate any law, regulation or other governmental requirement or restriction, (iv) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Site and these TOS, (v) the Posting will not contain falsehoods or misrepresentations that could damage EMG or any third party, (vi) the Posting shall not be damaging or injurious to EMG or any user, (vii) you will not impersonate another person, and (viii) EMG shall not be required to pay or incur any sums to any person or entity as a result of our use or exploitation of the Posting;
(c) if your Posting incorporates the name, logo, brand, service or trademark, voice, likeness or image of any person, firm or enterprise, you specifically represent and warrant that you have the right to place such Posting in the public domain and grant EMG the right to use such Posting as described above; and
(d) EMG has the right to delete, re-format and/or change your Posting in any manner that we may determine (although you will not be responsible for any such changes made). EMG does not permit copyright infringing activities and infringement of intellectual property rights on the Site. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. EMG will remove all User Submissions if properly notified that such User Submission infringes on another's intellectual property rights. EMG reserves the right to remove User Submissions without prior notice. EMG will also terminate a User's access to the Site, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Site more than twice. EMG also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. EMG may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these TOS at any time, without prior notice and at its sole discretion.
In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content on the Site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent: Daniel A. Pepper, Esq. Full Address of Designated Agent to Which Notification Should Be Sent: Pepper Law Group, LLC, 72 West End Avenue, Somerville, New Jersey 08876; Telephone Number: 908.698.0330; Facsimile Number: 908.248.9220; E-mail Address: [email protected]; with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) 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 the service provider to locate the material;
(iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
(v) 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; and
(vi) 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.
The amount of storage space on EMG Services per user is limited and some Postings may not be processed due to space constraints or outbound message limitations. You understand, acknowledge and agree we assume no responsibility for deletion of Postings or any failure to store, receive or deliver Postings in a timely manner or at all or as to any other matter relating to Postings.
You are solely responsible for your interactions with other EMG Members. EMG reserves the right, but has no obligation, to monitor disputes between you and other Members.
LIABILITY OF EMG LIve Fitness AND ITS LICENSORS
The use of the EMG Site and the Content is at your own risk. The services provided by the EMG may involve certain risks to participants. Our EMG Cloud Solutions, LLC Liability Release Agreement (“Waiver”) is included below. You hereby agree to all terms, conditions and notices contained in the Waiver.
If you think you may be experiencing medical emergency during your use of the Site, call your doctor or 911 immediately. EMG does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by EMG, EMG employees/agents, and/or others appearing on the Site at the invitation of EMG, or other visitors to the Site is solely at your own risk.
When using the Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of EMG and its suppliers. Accordingly, EMG assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the EMG Site.
The Site, its services, and the EMG Content are provided on an "as is" basis. EMG, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
Without limiting the foregoing, EMG, its licensors, and its suppliers make no representations or warranties about the following:
1. The accuracy, reliability, completeness, or timeliness of the EMG Content, software, text, graphics, links, or communications provided on or through the use of the Site.
2. The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the EMG Content contained on the Site.
In no event shall EMG, its licensors, its suppliers, or any third parties mentioned on the Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Site or the EMG Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not EMG, its licensors, its suppliers, or any third parties mentioned on or appearing on the Site (“Releasees”) are advised of the possibility of such damages. The Releasees shall be liable only to the extent of actual damages incurred by you, not to exceed US$50. The Releasees are not liable for any personal injury, including death, caused by your use or misuse of the Site, EMG Content, or EMG services. Any claims arising in connection with your use of the Site must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these TOS are exclusive and are limited to those expressly provided for herein.
ADVERTISEMENTS, SEARCHES AND LINKS TO OTHER SITES
EMG may provide links to third-party web sites. EMG may also allow third party advertisers to respond to your use of certain search terms on the Site with advertisements or sponsored content. EMG does not recommend and does not endorse the content on any third-party websites. EMG is not responsible for the content of linked third-party sites, sites framed within the Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites.
INDEMNITY
You agree to defend, indemnify, and hold EMG, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, (a) your violation of these TOS, or (b) personal injury, including death, or damage to personal property, resulting from, or connected with, your use of the Site.
GENERAL
EMG is based in the United States of America. EMG makes no claims that the Site and the EMG Content are appropriate or may be accessed outside of the United States. Access to the EMG Content may not be legal for certain persons or in certain countries. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
The following provisions survive the expiration or termination of this TOS for any reason whatsoever: Liability, Indemnity, and Jurisdiction.
JURISDICTION
If there is any dispute about or involving the Site or these TOS, you agree that the dispute shall be governed by the laws of the state of New Jersey, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of New Jersey, city of Newark. Either EMG or you may demand that any dispute between EMG and you about or involving the Site must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Newark, New Jersey provided that the foregoing shall not prevent EMGSetdefault.com from seeking injunctive relief in a court of competent jurisdiction.
These TOS is governed by the internal substantive laws of the State of New Jersey, without respect to its conflict of laws principles. If any provision of these TOS is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these TOS, which shall remain in full force and effect. No waiver of any of these TOS shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Please contact us at: [email protected] with any questions regarding this TOS.
Please read this agreement ("Waiver") carefully before accessing or using the Website at www.emglivefitness.com (the "Site"). By accessing or using the Site, you agree to be bound by this Waiver. We provide the information and services on this Site to you, the user (“User”), conditioned on your acceptance without modification of the terms, conditions and notices contained herein. Your use of the Site constitutes your agreement to all such terms, conditions and notices.
EMG Cloud Solutions, LLC Liability Release Agreement
I, the User, hereby accept all risks associated with the online fitness program(s) (“Program(s)”) provided on or accessed via the Site and release and forever discharge EMG Cloud Solutions, LLC (“EMG”) and its respective heirs, directors, officers, agents, employees, representatives, successors and assigns, administrators, executors, and all others (“Releasees”) from any and all responsibilities or liability from injuries or damages resulting from or connected with my participation in any of the EMG programs whether arising from the negligent acts of the Releasees or otherwise.
1. I acknowledge and fully understand that, by choosing to participate in EMG’s Programs, I will be engaging in bodily training activities (“Activities”) that potentially involve the risk of serious injury, permanent disability, death, and/or severe social and economic losses which might result not only from my own actions, inactions, or negligence, but the actions, inactions, or negligence of others, or the condition of the premises or equipment utilized in the course of my performing the Activities. Further, I accept that there may be other Activity-related risks not known or not reasonably foreseeable at this time.
2. I further acknowledge and understand that the Releasees are not licensed dieticians or physicians, and that any nutritional information or guidelines provided by them carries no warranty of any kind, express or implied, including but not limited to warranties regarding safety or suitability for a particular purpose.
3. I hereby assume full responsibility for all the foregoing risks, known and unknown, and accept total responsibility for the damages following any injury, permanent disability, or death.
4. I shall indemnify and hold Releasees harmless from any and all claims (including reasonable defense costs and attorneys’ fees) arising out of any bodily injury or death of any person, and/or damage to any property, to the extent caused by my negligence or willful misconduct.
This Waiver specifically embraces each and every Activity and/or other purchase sanctioned by the Releasees, and has the same effect as if executed after each and every sanctioned Activity or purchase in which I participate so that the parties herein intended to be released shall be fully and effectively released as to each and every sanctioned event, activity or purchase.
EMG cannot guarantee that the Activities will be safe, effective or suitable for all Users. For that reason, all such services, and the programs, techniques and materials embodied in such Activities are offered without warranties or guarantees of any kind, express or implied, and EMG disclaims any liability, loss or damages that may result from their use.
