7. How We Use Your Data
We may use your data for the following purposes:
(a)
Identification and authentication: We use your data to verify you when you access your account.
(b)
Operating our services: We use your data to provide our services (including delivering attendance reports to the community you are associated with (if any)), provide customer support, send you our newsletter, and to otherwise comply with our contractual obligations to you or the Community (defined below) that you are associated with. This allows us to personalize your experience and deliver the type of content you are most interested in, to improve our service, to administer a contest, promotion, survey or other website feature. We (and/or our third-party vendors) use your financial information to process purchases made by you. For the avoidance of doubt, if you are registered on the Televeda platform pursuant to your association or membership to an organization, City, nonprofit or other entity (the "Community") then, we will share your data with such Community as necessary to comply with our contractual obligations thereto.
(c)
Communicating with you: We use your data when we communicate with you.
(d)
Exercising our rights: Where reasonably necessary, we use your data to exercise our legal rights and prevent abuse of our service.
(e)
Legal compliance: We use your data where we are legally required to do so. For example, to respond to a subpoena or court order. Whenever we process your data for one of these purposes, we have determined that one or more of the following lawful bases apply:
performance of a contract;
legitimate commercial interest;
compliance with a legal obligation; or
consent.
Waiver of Liability and Assumption of Risk
I UNDERSTAND AND AGREE THAT MY PARTICIPATION IN ANY PROGRAMS MADE AVAILABLE THROUGH TELEVEDA’S PLATFORM (INCLUDING PARTICIPATION IN ANY GUIDED FITNESS OR EXERCISE CLASS OR TRAINING) IS AT MY OWN RISK AND I AM SOLELY RESPONSIBLE FOR AND EXPRESSLY ACCEPT AND ASSUME ALL RISK (INCLUDING THE RISK OF INJURY OR DEATH) INHERENT IN PARTICIPATING IN SAID PROGRAMS. I UNDERSTAND AND ACKNOWLEDGE THAT I MUST DETERMINE MY OWN ABILITY TO PARTICIPATE IN ANY PROGRAM (INCLUDING FITNESS) AND DO SO AT MY OWN RISK, AS NOTED HEREIN.
I hereby release, waive, discharge and covenant not to sue Televeda Systems LLC or any of its subsidiaries, affiliates, directors, officers, employees, servants, agents, attorneys, and successors and assigns (hereinafter collectively referred to as “Released Parties”) from all liability to me, my personal representatives, assigns, heirs and next of kin for any loss or damage, and any claims or demands on account of injury to me or any other person or property or resulting in my death or the death of another, whether caused by the negligence of the Released Parties or otherwise engaged in any activity, training or program of or made available through the Released Parties.
I have read and voluntarily sign this Waiver of Liability and Assumption of Risk, and further agree that no oral representations, statements, or inducement apart from the foregoing written agreement have been made to me. I affirm and acknowledge that I have read this Waiver of Liability and Assumption of Risk and that I understand and appreciate the meaning of the terms and conditions herein.
I agree that any action or proceeding initiated relative to this Waiver of Liability and Assumption of Risk or any claim I (or my heirs, successors or assigns) may have against any of the Released Parties shall be brought solely in the state or federal courts within the City of Phoenix, Arizona, and I hereby irrevocably submit to the exclusive jurisdiction of these courts. I understand that this Waiver of Liability and Assumption of Risk shall be deemed to have been executed within the State of Arizona, and my rights and obligations hereto shall be construed and enforced in accordance with, and governed by, the laws of the State of Arizona.
I expressly represent and warrant that I am neither a resident of California nor an employee in California for purposes of §1542 of the Civil Code of California.
I HAVE CAREFULLY READ THE FOREGOING WAIVER OF LIABILITY AND ASSUMPTION OF RISK, KNOW THE CONTENTS THEREOF, AND SIGN THE WAIVER OF LIABILITY AND ASSUMPTION OF RISK, VOLUNTARILY, BEING AWARE OF ITS FINAL AND BINDING EFFECT.
If I am a minor or have a legal guardian, the undersigned parent and/or legal guardian of the participant, has carefully read the foregoing Waiver of Liability and Assumption of Risk, knows the contents thereof, and signs this Waiver of Liability and Assumption of Risk, voluntarily, being aware of its final and binding effect, on my behalf.
Terms and Conditions
Last updated: April 20, 2020
These Terms and Conditions ("Terms") govern your relationship with www.televeda.com (the "Service") operated by Televeda Systems LLC, an Arizona limited liability company ("televëda," "we" "us" or "our"). These Terms are in addition to and incorporated within the Televeda Subscription Agreement that you may have entered into with us.
By accessing or using our website, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the website. Please read these Terms carefully before using any service on our website.
1.
Your access to and use of the service is conditioned on your acceptance of and compliance with these Terms.
2.
These Terms apply to all visitors, users and others who access or use the service.
3.
If you wish to purchase any service made available through our website, you may be asked to supply certain information relevant to your purchase (i.e. subscription). By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the purchase.
4.
We are constantly updating our offerings of products and services. The products or services available on our website may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the website and in our newsletter. We cannot and do not guarantee the accuracy or completeness of any information, including prices, service description, images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
5.
Our website allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("User Content"). You are responsible for the User Content that you share using our website.
6.
When you create an account with us, you must provide us information that is accurate, complete, and current. Failure to do so constitutes a breach of the Terms. You are responsible for safeguarding the password that you use to access our website. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
7.
We respect the intellectual property rights of others. It is our policy to respond to any claim that User Content infringes the copyright or other intellectual property infringement of any person.
8.
Our service, website and its original content (excluding content provided by users or other third-party providers), features and functionality are and will remain the exclusive property of televeda and its licensors. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.
9.
Our website may contain links to third-party web sites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that we shall 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 such content, goods or services available on or through any such web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
10.
In no event shall televeda, nor its directors, members, managers, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from
your access to or use of or inability to access or use the service;
any conduct or content of any third party on the service;
any content obtained from the service; and
unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
11.
Your use of the website is at your sole risk. The service is provided on an "AS IS" and "AS AVAILABLE" basis. The service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
12.
Televeda and its subsidiaries, affiliates, and its licensors do not warrant that a) the service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the service is free of viruses or other harmful components; or d) the results of using the service will meet your requirements.
13.
To the fullest extent permitted by law, you shall defend, indemnify, and hold harmless televeda, its directors, members, managers, employees, partners, agents, suppliers, and affiliates (the “Indemnified Parties”) from and against all claims arising from or in any way related to your use of the service and/or website content, a violation by you of these Terms and Conditions, or any other actions connected with your use of the service and/or website content, including any liability or expense, losses, damages (actual and consequential), suits, judgments, litigation costs and attorney fees.
14.
If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be enforced to the fullest extent of the law, and all other provisions shall remain in full force and effect.
15.
These Terms shall be governed and construed in accordance with the laws of the State of Arizona, without regard to its conflict of law provisions.
16.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
17.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will notify you via email. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our service, website and/or content after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the service.
