Terms of Service – Use of GXunited.com

 Last Updated August 31, 2020

 Overview

The terms “we”, “us”, “our” and “GXunited” refers to GXunited, a subsidiary of GSO Yoga & Movement, LLC. The term the “Site” refers to GXunited.com / GXunited.TV and all online content, including all functionalities, features, Streaming Services, audio, visual, written media, PDF, Website links and user interfaces, and all content and software associated with the Services as provided by GXunited. The term “user,” “you” and “your” refers to site visitors, customers and any other users of the site.

Use of GXunited.com and GXunited.TV, including all materials presented herein and all online services provided, is subject to the following Terms of Service. These Terms of Service apply to all site visitors, customers, and all other users of the site. By using the Site or Service and/or ordering a product from the Site, you agree to these Terms of Service, without modification, and acknowledge reading them.

GXunited reserves the right to revise these Terms of Service at any time by updating these Terms of Service of Use. Your continued use of the Site constitutes your agreement to comply with such revisions, so please visit this page from time to time.

1. Description of Service

These Terms of Services apply to all services and offerings available at https://www.gxunited.com, https://www.GXunited.TV, and related domains, sub domains, and mobile and desktop applications & TV (individually and collectively the “Services”).

GXunited provides a website where users can:

1.                Subscribe to and view an on-demand video or live streamed exercise classes that includes potential participation in fitness, yoga, and other exercise practices (the “Virtual Studio”).

2.                Purchase and complete health, yoga, and fitness related courses, programs, workshops, certifications, etc. (the “Virtual Academy”).

3.                Read articles on exercise science, group exercise instruction, sport psychology, and other health and fitness related topics (the “Blog”).

4.                Research group fitness organizations and certifications (the “Education Directory”).

5.                Obtain ideas for new classes (the “Choreography Exchange”).

6.                Read articles, view images & video’s on exercise technique (the “Exercise Library”).

7.                Read articles, view images & video’s on exercise equipment options (the “Equipment Library”).

All resources are simply suggestions for users, and GXunited is not responsible for the manner in which users use the information provided. As a user of the Site, you understand that all exercise comes with inherent risk of injury or death. You should use caution when performing any of the exercises demonstrated or teaching them to others. It is your responsibility to fully understand proper technique and execution in order to reduce your risk of injury. GXunited is not responsible for any injury or death that occurs as a result of execution of any exercises demonstrated on or within any of the Website Services.

We may update or change the Site from time to time to reflect changes to our products, our users’ needs and/or our business priorities.  

 2. Acceptance of Terms

You agree that by accessing the Site and/or Services, you have read, understood, and agree to be bound by all of these Terms of Service.  

If you do not agree with all of these Terms of Service, then you are prohibited from using the Site and Services and you must discontinue use immediately. We recommend that you print a copy of these Terms of Service for future reference.  

3. Changes to Terms

We reserve the right, at its sole discretion, to modify, add, or remove any terms or conditions of these Terms of Service without notice or liability to you. Any changes to these Terms of Service shall be effective immediately following the posting of such changes. You agree to review these Terms of Service from time to time and agree that any subsequent use by you of the Services following changes to these Terms of Service shall constitute your acceptance of all such changes.

4. Access and Use of Service

Users accessing the Services must be at least thirteen (13) years of age. Users registering for the Services and uploading User Generated Content must be at least eighteen (18) years of age. GXunited makes no claims that the Services may be lawfully accessed in any specific location. Access to the Services may not be legal by certain persons or in certain states or certain countries or may require government authorization or registration. When you access the Services, you are solely responsible for compliance with the laws and regulations of your jurisdiction.

5. Your Conduct

The Services may be used only for lawful purposes relating to streaming and related materials. We specifically prohibit any use of the Services, and all users agree not to use the Services, for any purposes other than designated by GXunited.

 You are prohibited from violating or attempting to violate the security of the Services, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to this Services, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”, (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, (e) scraping or harvesting data or (f) the use of robots to skew payouts.

Violations of system or network security or inappropriate conduct may result in civil or criminal liability. GXunited will investigate occurrences that may involve such violations and may involve and cooperate with law enforcement entities in prosecuting users who are involved in such violations.

6. User Information

You are solely responsible for the information you input or upload to the Services, and warrant/represent you have the right and authorization to register for the Services and post User Generated Content. GXunited reserves the right in its sole discretion to decide whether the information you input or upload is appropriate and complies with the Terms of Service, other Company policies, and applicable laws and regulations.

If you register for the Services, you will be asked to provide certain information including a valid email address. You warrant and represent that all such information is current and accurate, and will be kept up-to-date.

Your privacy rights are set forth in our Privacy Policy located at http://gxunited.com/privacy-policy/.

Company reserves the right to offer Company or third party services and products to you based on the preferences that you identify in your registration and at any time thereafter, unless you opt-out of receiving third party services and products.

7. Username/Password/Security

You are responsible for maintaining the confidentiality of your information as it relates to the Services, including your username and password, and are responsible for all uses of your username and password whether or not authorized by you. If you wish to have someone else use your device, it is important you always log out so no other individual will have access to your content.

You agree to immediately notify GXunited of any unauthorized use of your username and password.

8. Use of Services

The Services are offered only for video streaming and related materials and is only a conduit for video streaming and related materials.

Each user is solely responsible for deciding whether the Services offered are suitable for your own purposes and whether the Services match your needs.

GXunited grants you a limited, non-exclusive license to access and use the Services for your own personal and non-commercial purposes. This includes rights to view content on Company’s website and applications.

If you elect to access any component of the Services for which there is a fee, you agree to pay all fees and charges associated with your account on a timely basis. All such fees and charges (including any taxes and late fees, as applicable) will be charged on your credit card. Each user agrees to maintain valid credit card information as part of your account information when applicable.

9. Access to Services – Subscriptions & Purchases

The Services may allow you to access digital content on a pay per view basis, subscription basis, rent, or purchases. The basis on which digital content is available on the Services will be indicated on the product detail page for which you may purchase the digital content. Subject to your payment of any applicable fees, purchases, subscriptions, rent or pay per view, GXunited grants you a non-exclusive, non-transferrable, personal, non-sub licensable, limited right and license to view the video stream based upon the applicable fees, purchases, subscriptions, rent or pay per view selected by you.

GXunited makes no guarantees as to the resolution and quality of your digital content when streaming. The quality and speed of your stream of digital content has many different variables, including your connection speed, location, download speeds, devices, player and bandwidth.

10. Payments & Billing

The digital content available under specific payment plans, including pay per view, subscription, membership, or rent will change from time to time at the sole discretion of GXunited. GXunited makes no guarantee as to the availability of a specific payment plan.

By purchasing a payment plan, you expressly agree that we are authorized to charge your selected payment plan on the Payment Method you designate. You can update change this information at anytime by logging into your account and clicking the settings tab under the username.

Receipts are sent once the charge is successful to the registered email account. Your subscription will continue in effect unless and until you cancel your subscription or we terminate it. You must cancel your payment plan according to the terms of that specific plan prior to the next charge in order to avoid billing.

11. User Comments and Suggestions

While GXunited values user feedback, please be specific in your comments and do not submit creative ideas, inventions, or suggestions.

If, despite our request, users send creative ideas, inventions, or suggestions, all such submission shall be the property of GXunited in whole or in part. GXunited shall own exclusively all now known or later discovered rights to the submissions and shall be entitled to unrestricted use of the submissions for any purpose whatsoever, commercial or otherwise, without compensation to users or any other third party.

No part of the submissions shall be subject to any obligation of confidence and GXunited shall not be liable for any use or disclosure.

12. Intellectual Property

GXunited and any other Company trademarks and trade names, and any variations thereof, are and shall remain the trademarks and trade names and exclusive property of GXunited, and any unauthorized use of such trademarks and trade names is prohibited.

The Services (including without limitation all programs, workshops, class plans, complied binaries, interface layout, interface text, documentation, resources and graphics) is the sole and exclusive property of GXunited and is protected by copyright, trademark, and other intellectual property common and statutory laws of the United States and other countries.

You agree that GXunited owns and retains all rights to the Services and that is content is solely owned and controlled by the content provider and all such material are protected and copyrighted, trademarked and protected by copyright, trademark, and other intellectual property common and statutory laws of the United States and other countries.

You may not sell or modify the Services content or the Services, or reproduce, display, publicly perform, distribute, or otherwise use the Services in any way for any purpose.

Michael Griffith Photography, a subsidiary of GSO Yoga & Movement, LLC works in partnership with GXunited to provide all photography and videography services. All images and videos are used with the written consent and permission from both the photographer and models.  We do reserve the right to use images obtained through third party providers of stock photography and have been used under the laws governing stock photography. Unauthorized copying, reproduction, republishing, uploading, downloading, posting, transmitting or duplicating any of the images and materials is prohibited.

All music used on GXunited.com is done so under the use of proper music licensing laws as governed by the United States of America.

13. Affiliate Disclaimer

The purpose of this website is to be educational. There are a lot of ideas here, and there are also a lot of suggestions for tools, websites, and ways to take your group exercise experience and instruction to the next level. Some of the links to these tools and websites are just regular old website links. And some of these links are links that, if you click them and purchase, GXunited might get a commission in exchange. While we love that we can get commissions, we are only going to promote and recommend things that we think are great tools, and not because of any kickbacks.

14. Link to Third Party Content

The Site may contain links to websites or applications operated by third parties. We do not have any influence or control over any such third party websites or applications or the third party operator. We are not responsible for and do not endorse any third party websites or applications or their availability or content.

We accept no responsibility for adverts contained within the Site. If you agree to purchase goods and/or services from any third party who advertises in the Site, you do so at your own risk. The advertiser, and not us, is responsible for such goods and/or services and if you have any questions or complaints in relation to them, you should contact the advertiser.  

15. Social Networking

Users may have the option to use Twitter, Facebook or other social networking Services through the Services to share links and content. Users undertake this option as their sole responsibility, including but not limited to complying with all of the Terms of Service of the social networking Services.

16. Use of Software

If the Services require or include downloadable software such as an app, or use of software provided by GXunited for Publishers, GXunited grants a personal, limited, non-exclusive and nontransferable license to use the Software, all portions thereof, all documentation, and all updates (individually and collectively the “Software”) only for the purposes relating to video streaming and related activities through https://www.gxunited.com.

Users shall not modify, alter, create derivative works, decompile, reverse engineer, disassemble, include in other software, translate the Software, or use the Software for any other purpose.

Users shall not copy, reproduce, transmit, rent, lease, resell, sublicense, assign, distribute or otherwise transfer the Software or this license.

This License does not allow users to use the Software on any device that the user does not own or control, and user may not distribute or make the Software available over a network where the Software could be used by multiple devices at the same time.

Users agree that the Software, including the specific design and structure, constitute proprietary and confidential information, trade secrets and/or intellectual property of GXunited. You agree not to disclose, provide, or otherwise make available such proprietary and confidential information, trade secrets or copyrighted material in any form to any third party, or use the proprietary and confidential information, trade secrets or copyrighted material for your own benefit or for the benefit of any third party.

Users acknowledge and agree that use of the Software may require GXunited to acquire user’s mobile phone number and perhaps additional such information in order to obtain access Software.

Users agree that GXunited may collect and use technical data and related information that is gathered periodically to facilitate the provision of updates, product support and other services. GXunited may use this information, as long as it is in a form that does not personally identify a user.

GXunited shall have the right, and you agree, that in its sole discretion and with reasonable posted notice and/or sent to your email address, to revise, automatically update, or otherwise modify the Software, at any time. Users continued use of the Software constitutes acceptance of and agreement to such changes.

This License is effective until terminated the user or GXunited at its sole discretion. User’s rights under this license will terminate automatically without notice if user fails to comply with any terms of this License. Upon termination, user shall cease all use of the Software and delete all versions of the Software possessed by the user.

The warranty and limitation of liability provisions set forth below apply also to the use of the Software.

17. Site Management    

We reserve the right at our sole discretion, to (1) monitor the Site for breaches of these Terms of Service; (2) take appropriate legal action against anyone in breach of applicable laws or these Terms of Service; (3) refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any of your Contributions; (4) remove from the Site or otherwise disable all files and content that are excessive in size or are in any way a burden to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and Services. 

We do not guarantee that the Site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programs and platform to access the Site and you should use your own virus protection software. 

18. Copyright Infringement Notification

If you believe that any copyrighted work is accessible through the Services in a way that constitutes copyright infringement, please notify GXunited by providing the following information:

·       The physical or electronic signature of either the copyright owner or of a person authorized to act on the owner’s behalf;

·       A description of the copyrighted work you claim has been infringed, and a description of the activity that you claim to be infringing;

·       Identification of the URL or other specific location on the Services where the material or activity you claim to be infringing is located or is occurring; You must include enough information to allow us to locate the material or the activity;

·       Your name, address, telephone number, and e-mail address;

·       A statement by you, made under penalty of perjury, that (i) the information you have provided is accurate and that you are the copyright owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and (ii) you have a good faith belief that use of the copyrighted materials is not authorized by the copyright owner, any agent of the copyright owner, or the law.

·       If you believe in good faith that a notice of copyright infringement has been wrongly filed against, you can send GXunited a counter-notice that includes the following:

·       Your name and address, and telephone number;

·       The source address of the removed content;

·       A statement under penalty of perjury that you have a good faith belief that the content was removed in error; and

·       A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which the Website may be found, and that you will accept service of process from the person who provided the original complaint.

·       Please note that the United States Copyright Act prohibits the submission of a false or materially misleading Notice or Counter-Notice, and any such submission may result in liabilities, including perjury.

 

19. Modifications to and availability of the Site     

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Services without notice at any time.    

We cannot guarantee the Site and Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or Services during any downtime or discontinuance of the Site or Services. We are not obliged to maintain and support the Site or Services or to supply any corrections, updates, or releases. 

There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Services, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time, without prior notice.  

20. Warranty Disclaimers

The services are provided “as is” and “as available”, with all faults and without warranty of any kind, and company hereby disclaims all warranties and conditions with respect to the services, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights.

GXunited does not warrant that the services will meet user requirements or be of benefit, that the operation of services will be uninterrupted or error-free, or that the services are free of computer viruses or other harmful mechanisms. Should the licensed application or services prove defective, GXunited is not responsible for those costs associated with the need for servicing or replacing equipment or data.

GXunited makes no warranties about the accuracy, reliability, completeness or timeliness of the services or user generated content offered or any other content accessed through the services.

The transmission of data or information including communications by e-mail over the internet or other publicly accessible networks is not secure, and is subject to possible loss, interception or alteration while in transit. Accordingly, GXunited does not assume any liability for any damage users may experience or costs users may incur as a result of any transmissions over the internet or other publicly accessible networks, such as transmissions involving the exchange of e-mail. In no event will such data or information be deemed to be confidential, create any fiduciary obligations on GXunited’s part, or result in any liability to you in the event that such information is inadvertently released or accessed by third parties without consent.

GXunited takes no responsibility whatsoever for the information you have uploaded to the services and shall not be responsible or liable for the deletion, correction, destruction, damage, or loss of such information, or failure to store any of such information.  Nor is GXunited responsible for loss of information through the action of any third party or because of circumstances beyond GXunited’s control. All users are expected to have their own backup of all of their information.

To the fullest extent permissible under applicable law, user understands and agrees that neither GXunited nor any of its affiliates or subsidiaries, or any of their respective directors, officers, employees, partners, representatives, contractors or agents shall be liable for any direct, indirect, incidental, special, consequential, punitive, exemplary or any other damages relating to or resulting from use of the services or from any actions GXunited takes or fails to take. These include but are not limited to damages for errors, omissions, interruptions, defects, delays, computer viruses, lost profits, loss of data, business interruption, unauthorized access to and alteration of transmissions and data, bodily injury, emotional distress and other tangible and intangible losses. This limitation applies regardless of whether the damages are claimed under the terms of a contract, as the result of negligence or otherwise, and even if advised of the possibility of such damages. Company’s maximum liability arising out of or in connection with this services or use of the services, regardless of the cause of action (whether in contract, tort, breach of warranty or otherwise), will not exceed the amount, if any, paid for the services.

GXunited is not responsible for deletion or loss of files or information uploaded to the services.  All users are expected to have their own backup of all files and information uploaded to the services. 

21. Limitation of Libraries

In addition to any limitation of liability set forth herein, to the fullest extent permissible under applicable law, user understands and agrees that neither GXunited nor any of its affiliates or subsidiaries, or any of their respective directors, officers, employees, partners, representatives, contractors or agents shall be liable for any direct, indirect, incidental, special, consequential, punitive, exemplary or any other damages relating to or resulting from your use or inability to use the services or from any actions GXunited takes or fails to take. These include damages for errors, omissions, interruptions, defects, delays, computer viruses, loss of profits, loss of data, unauthorized access to and alteration of transmissions and data, emotional distress and other tangible and intangible losses. 

This limitation applies regardless of whether the damages are claimed under warranty, contract, negligence, tort, or any other legal theory, and even if GXunited or its representatives have been advised of the possibility of such damages. Company’s maximum liability arising out of or in connection with your use of the services, regardless of the cause of action, will not exceed the amount, if any, paid for the services.

22. Indemnification

Users agree to defend, indemnify, and hold harmless GXunited and its subsidiaries, affiliates, officers, directors, employees, agents, representatives, and partners, harmless from and against any loss, liability, claim, action, or demand, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of the services; (ii) any user generated content or communications, or (iii) your breach of the terms of this agreement. GXunited shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding. GXunited reserves the right to assume the exclusive defense and control of any matter subject to immediate indemnification.

23. Communications

By using the Services you consent to receive electronic communications from GXunited. These communications will include, emails about account, password, access, marketing, transactional and other information related to the Services and to your account.

24. Additional Terms of Service

Nothing in this Agreement is intended to create or will be construed as creating a joint ventures, partnership, employer/employee or principal and agent relationship between users and GXunited.

These Terms of Service shall be governed by and construed in accordance with the laws of the State of North Carolina applicable therein, without regard to conflict of laws and excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). You irrevocably consent to the exclusive jurisdiction of the courts located in the in the State of North Carolina in connection with any action arising out of or related to these Term of Service and waive any objection based on lack of personal jurisdiction, place of residence, improper venue forum non-convenience in any such action.

If any court having competent jurisdiction holds any provision of this Terms of Service invalid or unenforceable in any respect, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of this Terms of Service shall continue in full force and effect. 

The failure or delay of either party to exercise or enforce any right or claim does not constitute a waiver of such right or claim and shall in no way affect that party’s right to later enforce or exercise it, unless such party issues an express written waiver, signed by a duly authorized representative.

You may not assign these Terms of Service or any of your rights or obligations hereunder.

Except as expressly specified herein, this Agreement shall create rights and obligations only between GXunited and each individual user and it does not create any rights for any other parties.