These Website and App Standard Terms And Conditions (these “Terms” or these “Website and App Standard Terms And Conditions”) contained herein on this benefitsquad.com webpage and apps, shall govern your use of this website, including all pages within this website and associated app (collectively referred to herein below as this “Website”). These Terms apply in full force and effect to your use of this Website and by using this Website, you expressly accept all terms and conditions contained herein in full. You must not use this Website, if you have any objection to any of these Website Standard Terms And Conditions.
Limits of Liability
You agree that benefitsquad.com and Sun Messenger LLC is not liable for any injuries or damage, that may be related to content delivered through the Website or Benefitsquad apps. Benefitsquad will make best efforts to deliver safe experiences and content and cannot reasonably prevent injuries or damage, and cannot reasonably prevent all unwanted visitors from joining and interrupting the Zoom meetings.
Recordings of classes will be accessible for a period of 90 days from the time of the live class.
Intellectual Property Rights
Other than content you own, which you may have opted to include on this Website, under these Terms, Sun Messenger LLC (the “Company”), a New York limited liability company, and/or its licensors own all rights to the intellectual property and material contained in this Website, and all such rights are reserved.
You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website.
You are expressly and emphatically restricted from all of the following:
publishing any Website material in any media, unless authorized by the Company;
selling, sublicensing and/or otherwise commercializing any Website material;
publicly performing and/or showing any Website material;
using this Website in any way that is, or may be, damaging to this Website;
using this Website in any way that impacts user access to this Website;
using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;
engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;
using this Website to engage in any advertising or marketing, unless authorized by the Company;
Certain areas of this Website are restricted from access by you and the Company may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality of such information.
In these Website Standard Terms And Conditions, “Your Content” shall mean any audio, video, text, images or other material you choose to display on this Website. With respect to Your Content, by displaying it, you grant Company a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.
Your Content must be your own and must not be infringing on any third party’s rights. The Company reserves the right to remove any of Your Content from this Website at any time, and for any reason, without notice.
This Website is provided “as is,” with all faults, and the Company makes no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing consult or advice to you.
Limitation of liability
In no event shall the Company, nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise, and the Company, including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.
You hereby indemnify to the fullest extent the Company from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
Variation of Terms
The Company is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Website.
The Company shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between the Company and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.
Governing Law & Jurisdiction
These Terms will be governed by and construed in accordance with the laws of the State of New York, and you submit to the non-exclusive jurisdiction of the state and federal courts located in New York for the resolution of any disputes.
Consult your physician or doctor, assess your fitness level and health, and follow all safety instructions before beginning this or any exercise or nutrition program.
The Benefitsquad® platform you are about to enter can host content that contains physically demanding and high-intensity exercise. It is extremely important that take breaks when necessary, go at a pace that is comfortable for you and hydrate as needed to avoid injury and help prevent serious medical conditions.
If equipment is used in the class, you must use any equipment shown in the workouts only as demonstrated, as well as inspect the equipment for defects or wear and avoid use of defective or worn equipment, for your safety.
If you have any medical conditions, such as if you’re pregnant, or if you have a history of injuries or problems, you must consult with a competent and reliable physician to understand all risks. By using this platform, you assume all dangers, hazards, and risks of injury in the use of this platform.
You must understand that the classes on the Beneftisquad.com platform are:
- Streamed with optional bi-directional video for live online classes. You will always have the option to turn off your camera and just watch the live class. If you decide to turn on your camera, the instructor will be able to see you and other students may be able to see you if you are unmuted and speaking or making sounds that are picked up in your microphone or through the Zoom app. You also must understand that the instructor can remove you from the live class if you are interrupting or disrupting the class.
- Taught by certified instructors to the extent possible. We make our best efforts to confirm that instructors are certified in their area of instruction.
You understand that the instructor or Benefitsquad may use your contact information to send you updates on classes and the instructor. You also agree not to share class links or Meetup IDs with others.
You understand that there will be periods of time when the platform is down or not working properly, as well as periods of time when there may be interruptions in the classes or potentially site security breaches. You understand that there will classes that the instructor may miss due to illness or other reasons and that the sole remedy, which will be at the discretion of the instructor, will be either a re-performance of the class at a later date or your receiving access to a video recording of an equivalent class. You also understand that the instructor’s schedule, class offering, pricing and the terms of this platform are subject to change.
Accordingly, to the extent permitted by law, Sun Messenger LLC (the owner and operator of Benefitsquad.com) and its parent, affiliate, and subsidiary companies will not be liable to any person or entity for any damage or loss caused or alleged to be caused directly or indirectly by any live or recorded classes and workouts, nutrition plan, advice, or any other content on the Benefitsquad platform.