VASA Fitness Terms and Conditions of Use
Last Updated: 11.20.2019
Welcome to the VASA Fitness App! This mobile device application (the “VASA App”) is developed, owned and operated by VASA Fitness, LLC (“VASA FITNESS”). The App may also include materials developed and owned by third parties and included in the App by virtue of a license, grant or some other form of agreement between the third party and VASA FITNESS.
Acceptance of Terms
VASA FITNESS has created this App for your personal enjoyment, entertainment and education. However, you are only authorized to access the VASA App or to use the materials contained in the VASA App (regardless of whether your access or use is intended) if you agree to abide by all applicable laws, and to these Terms and Conditions of Use (“Terms”) which constitute an agreement between you and VASA FITNESS. Please read these Terms and Conditions of Use carefully and save them. If you do not agree with them, you should discontinue use of the VASA App immediately. Any questions or comments regarding, or problems with, the VASA App should be sent to the App Administrator at email@example.com.
Changes to Terms or Services
VASA FITNESS reserves the right to modify or amend these Terms without notice at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the VASA App or through other communications. It’s important that you read this page regularly to ensure you are updated as to any changes, because if you continue to use the VASA App after we have posted modified Terms on the Site, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you must discontinue use of the VASA App immediately.
VASA FITNESS is always striving to make the VASA App better and because the services provided by VASA FITNESS may evolve over time, VASA FITNESS may change, add new features, or discontinue all or any part of the VASA App as necessary. This change may happen at any time and without notice.
Subject to your compliance with these Terms, VASA FITNESS grants you a limited non-exclusive, non-transferable, non-sublicensable license to download and install a copy of the App on a mobile device that you own or control and to run such copy of the VASA App solely for your own personal non-commercial purposes. If you would like to install the VASA App on any additional device of yours, you will need to download the App again for the additional device. VASA FITNESS reserves all rights in and to the VASA App not expressly granted to you under these Terms.
You understand that the VASA App may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by VASA FITNESS and/or content providers who provide Content to the VASA App. You may not attempt to override or circumvent any of the usage rules embedded into the VASA App. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the VASA App, in whole or in part, is strictly prohibited.
Registration and Account Information
You represent that you are (a) 18 years or older with the legal capacity to form a binding contract and be subject to these Terms under the laws of any applicable jurisdiction, or that you are using the VASA App only with the direct involvement of a parent or guardian, and (b) not barred from using the VASA App under applicable law.
If you want to use certain features of the VASA App, you’ll have to create an account (“Account”). You can do this via our membership services at www.gympayment.com (“Account Manager”).
You are responsible for maintaining the confidentiality of the password and account name or ID you register under, and are fully responsible for all activities that occur under your account, including any purchases made using your Account. VASA FITNESS is not liable for any failure on your part to comply with the foregoing. You agree to immediately notify VASA FITNESS of any unauthorized use of your password or account or any other breach of security.
Content and Content Rights
For purposes of these Terms, “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the VASA App. VASA FITNESS and its licensors exclusively own all right, title and interest in and to the VASA App and Content, including all associated intellectual property rights. You acknowledge that the VASA App and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the VASA App or Content.
Subject to your compliance with these Terms, VASA FITNESS grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and view the Content solely in connection with your permitted use of the VASA App and solely for your personal and non-commercial purposes.
Additional Terms for App Providers
If you download the App through or from any app store or distribution platform where the App is made available (each, an “App Provider”), then you acknowledge and agree that:
- These Terms are concluded between you and VASA FITNESS, and not with the App Provider, and that VASA FITNESS (not the App Provider), is solely responsible for the App.
- The App Provider has no obligation to furnish any maintenance and support services with respect to the App.
- In the event of any failure of the App to conform to any applicable warranty, you may notify the App Provider, and the App Provider will refund the purchase price for the App to you (if applicable) and to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of VASA FITNESS.
- The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- In the event of any third party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, VASA FITNESS will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
- The App Provider and its subsidiaries are third party beneficiaries of these Terms as related to your license of the App, and that, upon your acceptance of the terms and conditions of these Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third party beneficiary thereof.
- You must also comply with all applicable third-party terms of service when using the App.
- You agree to comply with all U.S. and foreign export laws and regulations to ensure that neither the App nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the App you represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
You may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means.
Interstate Nature of the VASA App
You acknowledge that in using the VASA App you will be causing communications to be sent through VASA FITNESS’s computer networks, portions of which may be located in Utah, Colorado and other locations in the United States. As a result, and also as a result of VASA FITNESS’s network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, you acknowledge that use of the VASA App results in interstate data transmissions.
VASA FITNESS is not a medical organization and VASA FITNESS does not and cannot give you medical advice or diagnoses. Nothing transmitted or contained in the VASA App, the VASA Fitness website at www.vasafitness.com (the “Site”), Account Manager or through the network of content and exercise-related information provided by VASA FITNESS (“VASA FITNESS Network”) should be construed as medical advice or a diagnosis. Any data or reports generated through use of the VASA FITNESS Network should not be interpreted as a substitute for physician consultation, evaluation, or treatment. VASA FITNESS urges you to seek the advice of a qualified physician before beginning any health, fitness & wellness related effort or regimen.
Contributions to VASA FITNESS
VASA FITNESS welcomes feedback, comments, ideas, and suggestions for improvements to the VASA App (“Contributions”). You can submit Contributions by emailing us at firstname.lastname@example.org. By submitting Contributions to VASA FITNESS, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) VASA FITNESS is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) VASA FITNESS will be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) VASA FITNESS may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of VASA FITNESS without any obligation of VASA FITNESS to you; and (f) you are not entitled to any compensation or reimbursement of any kind from VASA FITNESS under any circumstances.
You hereby assign and agree to assign any rights you may have in your Contributions to VASA FITNESS.
VASA FITNESS respects copyright law and expects its users to do the same. It is VASA FITNESS’s policy to terminate in appropriate circumstances VASA FITNESS account holders who repeatedly infringe the rights of copyright holders.
You agree to indemnify, defend and hold VASA FITNESS and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your access to or use of the VASA App or Content, your violation of these Terms, or your violation of any rights of another.
Your dealings with, or participation in promotions of, advertisers or other third parties found on or through the VASA App, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or third party. You agree that VASA FITNESS will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings with advertisers or third parties, or as the result of the presence of such advertisers on the VASA FITNESS Network or through the VASA App.
Links to Third Parties.
The VASA App may contain links to third-party websites or resources. VASA FITNESS provides these links only as a convenience. You acknowledge and agree that VASA FITNESS is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources and agree that VASA FITNESS will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Content, goods or services available on or through any such website or resource.
VASA FITNESS reserves the right to terminate your access to and use of the VASA App, deactivate or cancel your account, refuse services, remove or edit Content, or cancel orders or payments in its sole discretion and without liability to you. You may cancel your Account at any time via the “Cancel Account” feature of the VASA App or by sending an email to us at email@example.com. Notwithstanding any termination, discontinuation or cancellation of VASA App or your account, your obligations under these Terms shall continue in full force and effect.
VASA FITNESS’s Proprietary Rights
You acknowledge and agree that the VASA App, any necessary software used in connection with the VASA App and VASA FITNESS Network (“Software”) and Content provided through the VASA App contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the VASA App or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by VASA FITNESS or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the VASA App, such Content or the Software, in whole or in part.
VASA FITNESS grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the VASA App.
You agree that all of VASA FITNESS’s trademarks, trade names, service marks and other VASA FITNESS logos and brand features, and product and service names (collectively, “VASA FITNESS Marks”) are trademarks and the property of VASA FITNESS Inc. Without VASA FITNESS’s prior permission, you agree not to display or use in any manner the VASA FITNESS Marks.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE VASA FITNESS SERVICES AND SOFTWARE ARE AT YOUR SOLE RISK. THE VASA FITNESS SERVICES, CONTENT, THE VASA FITNESS NETWORK AND SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, VASA FITNESS AND OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
- VASA FITNESS DOES NOT REPRESENT OR GUARANTEE THAT THE VASA FITNESS SERVICES, CONTENT, THE VASA FITNESS NETWORK AND SOFTWARE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND VASA FITNESS DISCLAIMS ANY LIABILITY RELATING THERETO.
- VASA FITNESS DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE VASA FITNESS SERVICES, CONTENT, THE VASA FITNESS NETWORK AND SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME VASA FITNESS MAY REMOVE THE VASA App FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE VASA App AT ANY TIME, WITHOUT NOTICE TO YOU.
- VASA FITNESS AND ITS OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE VASA FITNESS SERVICES, CONTENT OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE VASA FITNESS SERVICES, CONTENT, VASA FITNESS NETWORK OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE VASA FITNESS SERVICES, CONTENT, THE VASA FITNESS NETWORK OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE VASA FITNESS SERVICES OR THE VASA FITNESS NETWORK WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE VASA FITNESS SERVICES, THE VASA FITNESS NETWORK OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VASA FITNESS OR THROUGH OR FROM THE VASA FITNESS SERVICES OR SOFTWARE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
Waiver and Indemnity
BY USING THE SERVICE, YOU AGREE TO INDEMNIFY AND HOLD VASA FITNESS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SERVICE, OR ANY ACTION TAKEN BY VASA FITNESS AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM VASA FITNESS, ITS DIRECTORS, OFFICERS, members, managers, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF VASA FITNESS'S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
No Third Party Beneficiaries
You agree that, except as otherwise expressly provided in these Terms, there will be no third-party beneficiaries to this agreement.
These Terms and any action related thereto will be governed by the laws of the State of Utah without regard to its conflict of laws provisions.
Agreement to Arbitrate
Most member concerns can be resolved quickly and to the member’s satisfaction by contacting us at firstname.lastname@example.org, or calling our customer service department at 801-426-8644. In the unlikely event that our customer service department is unable to resolve a complaint you may have to your satisfaction, or if we have not been able to resolve a dispute we have with you after attempting to do so informally, we each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the VASA Network Services (collectively, “Disputes”) will be settled by binding arbitration or small claims court instead of in courts of general jurisdiction, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (an “IP Protection Action”). The exclusive jurisdiction and venue of any IP Protection Action will be the state and federal courts located in the District of Utah and each of the parties hereto waives any objection to jurisdiction and venue in such courts. You acknowledge and agree that you and VASA FITNESS are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and VASA FITNESS otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
Arbitration Location and Procedure
The arbitration will be governed by the Commercial Arbitration Rules of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA in the county in which you reside. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted.
Notwithstanding the provisions of the “Changes to Terms or Services” section above, if VASA FITNESS changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to email@example.com) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of VASA FITNESS’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and VASA FITNESS in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
VASA FITNESS may provide you with notices under these Terms, including those regarding changes to these Terms, including by but not limited to postings on the VASA App, email, SMS, MMS, text message, regular mail or other reasonable means now known or hereafter developed. Such notices may not be received if you violate these Terms by accessing the VASA App in an unauthorized manner. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Entire Agreement. These Terms constitutes the entire agreement between you and VASA FITNESS and governs your use of the VASA App, superseding and replacing any and all prior oral or written understandings or agreements between you and VASA FITNESS with respect to the VASA App and Content. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other VASA FITNESS services, affiliate services, third-party content or third-party software, or communicate with third parties such as advertisers
Waiver and Severability of Terms. The failure of VASA FITNESS to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of VASA FITNESS. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
Remedies. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
No Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without VASA FITNESS’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. VASA FITNESS may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
No Right of Survivorship and Non-Transferability. You agree that your VASA FITNESS account is non-transferable and any rights to your VASA FITNESS account or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the VASA App or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in these Terms are for convenience only and have no legal or contractual effect.
Please report any violations of these Terms to VASA FITNESS at firstname.lastname@example.org.
If you have any questions about these Terms or the VASA App, please contact VASA FITNESS at:
VASA CORPORATE OFFICE:
1259 South 800 East
(North side of our Orem University gym)
Orem, UT 84097
Local – 801-426-8644
Fax – 801-426-8642