Terms of Service

 

Terms of Purchase

I hereby authorize Jazzercise, Inc. or its designee to charge my credit card account using the above-provided credit card information for the Total Due Today. If a class package or limited time offer (not monthly membership) is selected, there will be no further charge. If a 2, 3, 6, 9 or 12 month membership package has been selected, I further authorize Jazzercise, Inc. or its designee to charge my credit card account using the above-provided credit card information for the above monthly payments and for applicable taxes, for the full term of the agreement through the use of recurring charges. I affirm that I am legally authorized to use the above provided credit card account.

I AGREE TO PAY FOR THE ABOVE CHARGES IN FULL AND WILL INDEMNIFY, DEFEND AND HOLD HARMLESS JAZZERCISE, INC. AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND FRANCHISEES FROM ANY AND ALL CLAIMS, LOSSES, LIABILITIES, DAMAGES, EXPENSES AND COSTS (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES AND COURT COSTS) THAT ARISE OUT OF THIS AUTHORIZATION.

I understand and agree that:

I will be required to complete a Jazzercise Health Warranty and Release from Liability prior to participating in a Jazzercise class. If I default on any payments, Jazzercise, Inc. shall have the right to deem the entire remaining balance to be immediately due and payable upon demand. Any failed/declined credit card charges may be subject to additional processing fees per transaction. This authorization must remain in full force and effect unless and until the contract expires or unless and until Jazzercise, Inc. receives written notice, with sufficient time to act, from the Jazzercise franchisee.

JAZZERCISE, INC. AND THE JAZZERCISE FRANCHISEE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, AND/OR PUNITIVE DAMAGES, HOWEVER CAUSED, ARISING OUT OF OR RELATED TO ANY WRONGFUL DEBIT TO MY ACCOUNT. UPON CONTRACT EXPIRATION, THE CONTRACT WILL AUTOMATICALLY CONVERT TO A MONTH-TO-MONTH TERM. IT IS MY RESPONSIBILITY TO REQUEST CANCELLATION. PLEASE CONTACT THE JAZZERCISE LOCATION FOR CANCELLATION POLICIES/FEES.

Jazzercise, Inc. reserves the right to terminate this contract at any time for any reason. If the credit card holder is a different person than the Jazzercise class enrollee, the credit card holder and the Jazzercise class enrollee both will be deemed to have agreed to the terms and conditions of this electronic contract when “I Accept” is checked. I further understand and agree that:

The Jazzercise classes are taught by instructors of independently owned and operated franchisees of Jazzercise. These instructors are not employees or agents of Jazzercise, Inc. This Agreement will be governed by and construed in accordance with the laws of California applicable to contracts entered into and performed entirely therein. I agree and consent that jurisdiction and venue of all matters relating to this Agreement will be vested exclusively in the federal, state and local courts within San Diego, California. I hereby waive and release Jazzercise, Inc. from any and all claims, losses, liabilities, damages, expenses and costs (including, without limitation, attorneys’ fees and court costs) which arise out of or relate to (a) any class offered by Jazzercise franchisees and/or (b) any act or omission of any Jazzercise franchisee.

By checking “I Accept”, I hereby agree to all the terms and conditions set forth in and hereby sign this electronic contract. I acknowledge that I:(a) have carefully read and reviewed for completeness and accuracy the personal information pertaining to the Customer;(b) grant Jazzercise, Inc. authority to make the above-referenced purchases using the credit card account listed above; and (c) I understand and agree to the terms stated in this electronic contract, including, without limitation, the recurring credit card payments.

 

JAZZERCISE ON DEMAND TERMS OF SERVICE

Introduction
These Terms of Service are an agreement between Jazzercise, Inc. and you, a user of our web property. Please read this agreement carefully. By using our web property and its services, you agree to be bound by these Terms of Service as well as our Privacy Policy. Any new features of our web property, including updates, upgrades, or new services, shall also be subject to these Terms of Service. In addition, some services offered through our web property may be subject to additional terms and conditions that we publish from time to time. Your use of such services is subject to those additional terms and conditions.

THESE TERMS OF SERVICE (“TERMS”) SET FORTH THE LEGALLY BINDING TERMS FOR YOUR USE OF THE WEB PROPERTY. BY ACCESSING, DOWNLOADING, OR USING THE WEB PROPERTY, YOU ARE ACCEPTING THESE TERMS AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT. YOU MAY NOT ACCESS OR USE THE WEB PROPERTY OR ACCEPT THESE TERMS IF YOU ARE NOT AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THIS AGREEMENT, DO NOT ACCESS AND/OR USE THE WEB PROPERTY.

Our Content; Proprietary Rights
Through our web property, we offer, sell, and digitally distribute videos, audiovisual combinations, music, sounds, graphics, photos, and other content, as well as sell products related to that content. We are the owner or authorized licensee of all information, materials, functions and other content contained on our web property, and you acknowledge that you are only receiving a limited right to access or use this content. No content from our web site may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of our web property. We also own any information and data collected by us from you, including without limitation any data regarding your use and viewing of our web property and its content. We may use such information and data for benchmarking and other service enhancements. We will handle and treat any information we collect from you in compliance with our current Privacy Policy. The name “Jazzercise/Jazzercise On Demand” and our graphics, logos, designs, page headers, button icons, scripts, and service names are registered and/or common law trademarks, trade names, or trade dress of Jazzercise, Inc. in the U.S. and/or other countries. These trademarks, trade names, and trade dress may not be used in connection with any product or service in any manner that is likely to cause confusion. We reserve all rights in or to such trademarks, trade names, or trade dress. We respect the intellectual property rights of others and expect our users to do the same. It is our policy, in appropriate circumstances and at our discretion, to disable or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the intellectual property rights of others.

Third-Party Links
We are not responsible for the content or availability of outside web sites/platforms or resources linked to or referenced on our web property. We do not endorse and are not responsible or liable, directly or indirectly, for any claims that arise from your access or use of any content, advertising, products, or other materials on or available from such web sites/platforms.

Your Account
If you choose to purchase a product or service offered on our web property, you will be asked to create an account and will be prompted to create your own unique user name and password. You must keep your account information secure. You are solely responsible and liable for all activities that occur under your password or account. You shall notify us immediately of any breach of security or unauthorized use of your password or account.
If you choose to cancel a service offered on our web property, you must cancel by whichever means or platform from which you purchased by:

Cancel (Website):
You can cancel your Jazzercise On Demand subscription at any time by logging into your account at https://ondemand.jazzercise.com. Click on the menu icon in the upper-left hand corner and select My Account. Next, select Mange Subscription. You can then click on Cancel Subscription.

Cancel (In-App):
If you subscribed to the Jazzercise On Demand app through the app store, you will need to cancel your subscription directly through the app store. To do this, please follow the directions below.

  1. Open Settings on your Apple device
  2. Select your Apple ID
  3. Scroll down to iTunes & App Store
  4. Tap on your Apple ID/email address
  5. Tap View Apple ID, then enter your Touch/Face ID or password
  6. From the Account Settings page, scroll down and tap Subscriptions
  7. Choose your Jazzercise On Demand subscription
  8. Tap Cancel Subscription. Next, tap Confirm on the Confirm Cancellation pop up.

Cancel (Roku)
You'll only need to perform this step if you signed up through Roku separately. Roku provides specific instructions on how to cancel via their website or the TV applications via the link below.

https://support.roku.com/article/208756478-how-do-i-manage-or-cancel-a-channel-subscription-

You acknowledge, consent, and agree that we may preserve and disclose your account information if required to do so by law or in a good faith belief that such preservation or disclosure is reasonably necessary to comply with a legal process or to enforce these Terms of Service.

If you choose to cancel your monthly subscription in the middle of a billing cycle, you will not be refunded for the month in which you canceled. You will maintain access to the Jazzercise On Demand library until the billing cycle is complete. If you choose to cancel your annual subscription within 90 days of subscribing, we may prorate a refund. If you choose to cancel your subscription after 90 days of subscribing, you will not be entitled to a refund.

Eligibility; Age Restriction
Our web property may only be used by individuals who are 18 years and older and who can form legally binding contracts under applicable law. Individuals under the age of 18 must at all times use our web property only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In these cases, the supervising adult is responsible for any and all activities conducted on or through our web property. You represent and warrant that you are at least 18 years old, or that you are using our web site under the supervision of an adult parent or legal guardian, and that all registration information you submit is accurate and truthful. We may, in our sole discretion, refuse to offer access to or use of our web site to any person or entity and change our eligibility criteria at any time. This provision is void where prohibited by law and the right to access the web site is revoked in such jurisdictions.

Payment Processing; Order Fulfillment
Our web site is hosted by UScreen, which also assists in the processing of our orders. When you input your credit card information as payment for an order, UScreen directly and securely transmits that information to its third party payment processor, who verifies the credit card and remits the payment to us. Neither we, nor UScreen, ever store your credit card image or number. Sales and use taxes, as applicable by law, will be based on your location and our location and, purchase prices are inclusive of taxes. You will be responsible for paying any applicable taxes relating to your payments and will indemnify and hold harmless Jazzercise, Inc. and UScreen from your failure to pay any and all taxes, including sales tax, based incorrect information provided by you. If you believe you are entitled to a refund of any taxes, you are solely responsible for such determination.
UScreen also fulfills all orders for digitally distributed content by making that content available for viewing. It will inform you of the device and system requirements for accessing this content. You are responsible for completing the digital download, and for all risk of loss of the content after download. You acknowledge that the resolution and quality of the content received will depend on a number of factors, including the type of device on which it is streamed and available bandwidth. While we strive to provide a high-quality viewing experience, neither we, nor UScreen, make any guarantee as to the resolution or quality of the content.
Upon receiving an order for any of our products, UScreen will notify us so that we may fulfill the order directly.

Sales and Use Taxes
Sales and use taxes, as applicable by law, will be based on your location and our location and, purchase prices are inclusive of taxes. Sales and use tax rates are subject to change and will be applied to your subscription fees as required by your location sales and use tax laws. You will be responsible for paying any applicable taxes relating to your payments and will indemnify and hold harmless Jazzercise, Inc. and UScreen from your failure to pay any and all taxes, including sales taxes, based on incorrect information provided by you. If you believe you are entitled to a refund of any taxes, you are solely responsible for pursuing such action.

Acceptable Use
You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses our web property in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser. You agree to comply with all applicable laws in your use of our web property.

Unacceptable Use
You shall not:

  • Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the web site;
  • remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of the web site or any content;
  • “frame” or “mirror” any portion of the web site, or link to any material other than via the homepage of the URL located at ondemand.jazzercise.com or the URLs provided by us to you for such purposes, without our prior written authorization;
  • use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the web site; or
  • harvest or collect information about or from users of the web property without their express consent and, if such consent is provided, only pursuant to applicable law.

Reporting Copyright Infringement
If you are a copyright owner, or are authorized to act on behalf of one, please report alleged copyright infringements taking place on or through our web site by completing the following DMCA Notice of Alleged Infringement and delivering it to our Designated Copyright Agent. In accordance with the Digital Millennium Copyright Act of 1998, we will respond expeditiously to these allegations and take whatever action, in our sole discretion, we deem appropriate, including removal of the challenged material from the web site. The DMCA Notice of Alleged Infringement shall:

  1. Identify the copyrighted work that you claim has been infringed.
  2. Identify the material you claim is infringing and that is to be removed or disabled and provide information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the web site where such material may be found.
  3. Provide your mailing address, telephone number, and, if available, email address.
  4. Include both of the following statements in the body of the notice:
    • “I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
    • “I hereby state that the information in this notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
  5. Provide your full legal name and your electronic or physical signature. Deliver this notice, with all items completed, to our Designated Copyright Agent at:
    Jazzercise, Inc.
    2460 Impala Dr.
    Carlsbad, CA 92010
    privacy@jazzercise.com

Warranties/Limitation of Liability
OUR CONTENT AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE HEREBY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO OUR WEB PROPERTY OR, SERVICES, WITHOUT LIMITATION, ANY WARRANTIES OF INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT MAKE ANY WARRANTIES THAT THE WEB SITE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT YOUR USE OF THE WEB SITE WILL MEET YOUR EXPECTATIONS, OR THAT THE WEB SITE, CONTENT, OR ANY PORTION THEREOF, IS CORRECT, ACCURATE, OR RELIABLE. WE RESERVE THE RIGHT TO CHANGE ANY PART OF THE WEB PROPERTY AT ANYTIME WITHOUT NOTICE.
WE WILL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOSS OF DATA OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE OR STRICT LIABILITY), ARISING OUT OF THIS AGREEMENT OR YOUR USE OR INABILITY TO USE OUR WEB SITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT OR YOUR USE OF OUR WEB PROPERTY OR SERVICES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE GREATER OF (A) THE AMOUNT OF FEES PAID BY YOU TO PURCHASE THE CONTENT OR PRODUCTS THAT GAVE RISE TO SUCH LIABILITY, AND (B) $100.

Indemnification
You agree to defend, indemnify and hold harmless Jazzercise, Inc. and its officers, directors, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) arising out of any breach by you of any of these Terms of Service or your violation of any law or the rights of a third party.

Termination
These Terms shall take effect on the date you first access or use our web site and shall continue until terminated in accordance with these Terms. You agree that we may, in our sole discretion, suspend, block, or terminate your access to all or part of our web site and any content, with or without notice, for any reason. Any suspected illegal or fraudulent activity may be referred to appropriate law enforcement authorities.

Governing Law; Jurisdiction
These Terms are governed by the laws of California, without regard to its conflicts of law provisions. Any claim or controversy arising out of or related to these Terms shall be instituted in any state court in San Diego County, California or federal court in San Diego County, California. Each party agrees to submit to the jurisdiction of, the State of California and agrees that the venue is proper in such courts in any such legal action or proceeding.

Miscellaneous
These Terms and our Privacy Policy constitute the entire agreement between you and Jazzercise, Inc. You may not assign these Terms in whole or in part without our prior written consent, and any purported assignment in violation of this provision shall be null and void. We may assign or otherwise transfer these Terms and all rights granted hereunder in connection with any corporate reorganization, merger, or sale of all or substantially all of the assets and business to which these Terms relate. These Terms shall be binding upon and inure to the benefit of the parties hereto and their respective heirs and assigns. If any provision of these Terms is determined by a court of competent jurisdiction to be illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect. No waiver of any breach of any provision of these Terms shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

Modifications
We reserve the right to make changes to these Terms at any time by updating this page with any such changes and indicating the effective date of those changes. You acknowledge and agree that it is your responsibility to review these Terms periodically to familiarize yourself with any modifications. By continuing to access and use our web property after those changes become effective, you consent and agree to be bound by the revised Terms.

Contact Us
If you have any questions or comments regarding these Terms or our Privacy Policy can contact us at: privacy@jazzercise.com

These Terms of Service are effective as of July 15, 2021.