Terms of Use

*These terms and conditions are applicable to all Socacize Programs and Activities.

Set forth below are the terms of use (“Terms of Use”) governing the Socacize website located at, or linked to through, the root www.socacize.com, which may expand or change from time to time (the “Website”). As used herein, the term “Socacize” refers to Socacize Fitness INC., the sole owner and operator of the Website. The term “you” or “your” refers to an individual, representing yourself or, if applicable, acting as legal representative for a group, business entity or corporation.

CAREFULLY READ THE TERMS OF USE. BY AVAILING YOURSELF OF THE WEBSITE OR RELATED SERVICES, YOU ARE CONSENTING TO BE BOUND BY THESE TERMS AND CONDITIONS AS SUCH TERMS MAY BE MODIFIED FROM TIME TO TIME AS DESCRIBED BELOW.
ACCEPTANCE OF TERMS OF USE

By using the Website, you agree to be bound by all terms and conditions contained in the Terms of Use. If you do not agree with the Terms of Use at any time, you will discontinue your use of the Website.

Socacize reserves the right to update or revise the Terms of Use at its discretion and without notice. Modifications will be effective when they are posted. You are responsible for checking the Terms of Use periodically for changes. You can review the most current version of the Terms of Use at any time at www.socacize.com/termsofuse.php. If you continue to use the Website following the posting of any changes to the Terms of Use, you agree to be bound by these changes.

In addition, when using particular Socacize products or services, you shall be subject to any posted guidelines or rules applicable to such products or services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms of Use.

DESCRIPTION OF PRODUCT
Socacize primarily offers African Caribbean inspired workout programs which are a creative blend of high/low impact aerobics combined with African and Caribbean dance movements and other related and ancillary products (the “Products”).

CUSTOMERS
By creating a user account or by providing personal information about yourself to Socacize, you are designating yourself as a “Customer”. “Customers” are entities that are potentially interested in purchasing the Products provided by or through the Website.

USER REGISTRATION AND ACCOUNT OBLIGATIONS
In consideration of your use of the Website, you may have to create an account through the registration process. You agree to:

provide true, accurate, current and complete information about yourself as prompted by the registration form provided on the Website (such information being the “Registration Data” or “Profile Data”); and

maintain and promptly update the Registration Data or Profile Data to keep it true, accurate, current and complete.

If you provide any information that is untrue, inaccurate, not current or incomplete, or Socacize has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Socacize has the right to suspend or terminate your user account and refuse any and all current or future use of the Products provided by the Website.

USER ACCOUNT
If applicable, you will choose a User ID and Password, upon completing the registration process and upon final approval by Socacize. You are responsible for maintaining the confidentiality of your user ID and password, and you are fully responsible for all activities that occur under your account. You agree to immediately notify Socacize of any unauthorized use of your account or any other breach of security and to ensure that you exit from your account at the end of each session. Socacize cannot and will not be liable for any loss or damage arising from your failure to comply with this Section REF _Ref242525998 r h 5.

USER CONDUCT
You shall use the Website for lawful purposes only. You shall not post or transmit via the Website any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Socacize’s express prior approval, contains advertising or any solicitation with respect to goods or services.

In addition, you shall not, and shall not allow any third party to:

violate any local, provincial, national or international laws;

use the Website in any manner that could damage, disable, overburden, or impair the Website or another Customer’s use of the Website;

introduce any material into the Website that contains any viruses, Trojan horses, worms, time bombs, or other computer programming routines that may damage, interfere with, or appropriate the Website or any information residing on the Website. If you use, or attempt to use, the Website for improper purposes including without limitation tampering, hacking, modifying, or otherwise corrupting the security of the Website, you will be responsible for all damages including, but not limited to, criminal prosecution and civil and criminal penalties;

remove, obscure or change any copyright, trademark, hyperlink or other proprietary rights notices contained in or on the Website, the Products, or Socacize code embeddable or embedded on a third party website;

collect any information about other Customers (including usernames and/or email addresses) for any purposes;

impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;

create or transmit unwanted electronic communications such as “spam” to other Customers or otherwise interfere with other Customers’ enjoyment of the Website and/or Products.

If Socacize feels that a Customer abuses the Website in any way, we reserve the right to share certain information with third parties. Abuses include (but are not limited to) possible copyright infringement, possible libel and slander, and possible credit card fraud.

FEES
Fees posted on the Website are accurate only as of the date posted, and are subject to change. For up-to-date pricing and refund information, please contact ayanna@socacize.com.

SOCACIZE PROPRIETARY RIGHTS
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that all Content contained in sponsor advertisements or information presented to you through the Website or advertisers is protected by copyrights, trade-marks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Socacize or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Products, in whole or in part.

WEBSITE CONTENT
You understand that all Content on the Website is the sole responsibility of the person from whom such Content originated. Under no circumstances will Socacize be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available through the Website. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties are those of the respective author(s) or distributor(s) and not of Socacize.

You are solely responsible for the retrieval and use of the Content available on or through the Website. You should apply your own judgment in making use of the Content, including, without limitation, the use of the Content as the basis for any conclusions or for the sale or purchase of any products or services or other transactions.

THIRD PARTY CONTENT
Socacize may provide links to other websites or resources. Because Socacize has no control over such websites and resources, you acknowledge and agree that Socacize is not responsible for the availability of such external websites 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 websites or resources. You further acknowledge and agree that Socacize shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to have been caused by, or in connection with, the use of or reliance on any such content, goods or services available on or through any such website or resource.

DEALINGS WITH THIRD PARTY RETAILERS
Socacize may make its Products available through third party retailers (“Third Party Retailers”). Your correspondence or business dealings with, or participation in the promotions of, Third Party Retailers found through the Website, including payment and delivery of the Products, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such Third Party Retailers. You agree that Socacize shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such Third Party Retailers on the Website. If a situation arises from a disputed transaction between you and the Third Party Retailers, Socacize cannot and will not become involved due to the fact that Socacize has no control over the transaction between you and the Third Party Retailers.

TRADE-MARK INFORMATION
Socacize, Socacize.com, the Socacize logo, and other brand names and logos associated with Socacize are trade-marks of Socacize. All other company names, brand names and logos used on the Website are the trade-marks of their respective owners. You agree not to display or use in any manner any of the trade-marks without express written permission from Socacize or the trade-mark owner.

COPYRIGHT INFORMATION
All Content contained on the Website is protected by various copyright laws. You agree not to reproduce, republish or redistribute any Content, including, but not limited to, caching, framing and similar means, without express written permission of the copyright owner. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify us immediately at ayanna@socacize.com.

GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Socacize may establish general practices and limits concerning use of the Website and related services, including, without limitation, the maximum number of days that messages or invoices will be retained by the Socacize, the maximum number of messages that may be sent from or received by a user account, the maximum size of any message that may be sent from or received by a user account, and the maximum disk space that will be allotted on Socacize servers on your behalf. You agree that Socacize has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Website. You acknowledge that Socacize reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Socacize reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

TERMINATION OF ACCESS
Socacize, in its sole discretion, may terminate your user account (or any part thereof), including your use of the Website, for any reason, including, without limitation, (a) if Socacize believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Use, (b) requests by law enforcement or other government agencies, (c) a request by you for deletion, (d) discontinuance or material modification to the Website or any part thereof, (e) unexpected technical or security issues or problems, (f) in compliance with legal processes, (g) if you have, or Socacize believes you have, engaged in illegal activities, including without limitation, fraud, and/or (h) non-payment of any fees owed by you in connection with the Products. You acknowledge and agree that any termination of your access to the Website under any provision of these Terms of Use may be effected without prior notice and that Socacize may immediately deactivate or delete your user account and all related information and files associated with or stored in your user account and/or bar any further access to the Website or the Products. Further, you agree that Socacize is not liable to you or any third party for termination of your user account or access to the Website.

FEEDBACK
If you give Socacize feedback about the Products, you are granting Socacize, its affiliated companies and necessary sublicensees permission to use your feedback in connection with the operation of their business, including without limitation, the right to implement any ideas or solutions provided in the feedback into the Products. No compensation will be paid with respect to the use of your feedback.

WARRANTY DISCLAIMER
YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE AND ITS PRODUCTS IS AT YOUR SOLE RISK. THE WEBSITE, THE MATERIALS AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SOCACIZE MAKES NO REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE WEBSITE, THE PRODUCTS OR ANY MATERIALS THEREIN, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING OUT OF COURSE OR PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. IN ADDITION, SOCACIZE MAKES NO REPRESENTATION THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. SOCACIZE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS ON THE WEBSITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY OPINION, ADVICE, INFORMATION OR OTHER CONTENT OR MATERIALS PROVIDED IN CONNECTION WITH OR OTHERWISE AVAILABLE THROUGH THE WEBSITE. UNDER NO CIRCUMSTANCE WILL SOCACIZE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE WEBSITE, OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER-PROTECTION LAW. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO SOME OF THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU AND NOTHING CONTAINED HEREIN SHOULD BE CONSTRUED AS EXCLUDING OR LIMITING ANY LIABILITY BEYOND WHAT IS PERMITTED UNDER APPLICABLE LAW.

LIMITATION OF LIABILITY
By availing yourself of the Website or the Products, you agree to release and hold Socacize and the employees, officers, directors, shareholders, agents, representatives of Socacize, its affiliates, subsidiaries, any entity controlling, controlled by or under common control with Socacize, and legal advisers (collectively “Socacize Affiliates”) harmless from any and all losses, damages, rights, claims and actions of any kind arising from or related to the Website or the Products including but not limited to: (a) electronic, hardware or software, network, Internet or computer malfunctions, failures or difficulties of any kind; (b) failed, incomplete, garbled or delayed computer transmissions; (c) any condition caused by events beyond the control of Socacize that may cause the Website to be disrupted or corrupted; (d) any injuries, losses or damages of any kind arising in connection with or as a result of your use of the Website or the Products; (e) the quality of any products, services, information, or other material purchased or obtained by you through the Website will meet your requirements or expectations; (f) any defects or errors will be corrected; or (g) any printing or typographical errors in any materials associated with the Website. In addition, you agree to defend, indemnify and hold Socacize Affiliates harmless from any claim, suit or demand, including reasonable legal fees, made by a third party due to or arising out of your utilizing the Website or the Products, your violation or breach of these Terms of Use, your violation of any rights of a third party, or any other act or omission by you. You remain solely responsible for all content that you post, email, transmit, or otherwise disseminate using, or in connection with, the Website or the Products. IN NO EVENT WILL SOCACIZE BE LIABLE FOR ANY INDIRECT, STATUTORY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE ARISING OUT OF YOUR AVAILMENT OF MATERIALS (HOWEVER ARISING, INCLUDING NEGLIGENCE), EVEN IF SOCACIZE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THIS TERMS OF USE AND YOUR USE OF THE WEBSITE.

MODIFICATIONS TO PRODUCTS
Socacize reserves the right at any time and from time to time to modify or discontinue providing, temporarily or permanently, any of its Products with or without notice. You agree that Socacize shall not be liable to you or to any third party for any modification, suspension or discontinuance of such Products.

PRIVACY POLICY
Registration Data and certain other information about you are subject to our Privacy Policy. For more information, see our full privacy policy at www.socacize.com/privacypolicy.php

GENERAL PROVISIONS
You agree to comply with all applicable laws regarding the transmission of technical data exported from Canada or the country in which you reside.

These Terms of Use are governed in all respects by the laws of the Province of Ontario and the federal laws of Canada as such laws are applied to agreements entered into and to be performed entirely within Ontario between Ontario residents. If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Socacize’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. These Terms of Use set forth the entire understanding and agreement of the parties as to the subject matter hereof and supersede all prior proposals, discussions or agreements with respect thereto. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

ARBITRATION
Any dispute between Socacize and a visitor or Customer of the Website shall be settled by arbitration and shall be final and binding arbitration in accordance with the applicable legislation in force in the province of Ontario and pursuant to the provisions of the Arbitration Act (Ontario), except as such provisions are modified herein. The arbitration proceedings shall be held in Toronto, Ontario and the language of arbitration shall be English. All disputes referred to arbitration shall be governed by the substantive laws of the Province of Ontario and the federal laws of Canada applicable herein. Every award of the arbitrator shall be final and binding on the parties, not subject to appeal. The arbitration shall be kept confidential and the existence of the proceeding and any element of it (including any pleadings, briefs or other documents submitted or exchanged, any testimony or other oral submissions and any awards) shall not be disclosed beyond the arbitrator, the parties, their legal counsel, experts and consultants and any person necessary to the conduct of the proceeding. Nothing in this section shall limit the right of any party to seek extraordinary recourses in courts of competent jurisdiction, including, but not limited to, specific performance, seizures before judgment and injunctions, unless the recourse sought is in conflict with a dispute finally resolved in accordance with this section.

NO AGENCY
There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and Socacize or between Socacize and any other user of the Website.

ENTIRE AGREEMENT
These Terms of Use contain the entire agreement between you and Socacize and govern your use of the Website and supersede any and all previous agreements, written or oral, between the parties relating to the subject matter hereof. You may also be subject to additional terms and conditions that may apply when you use or purchase certain goods or services from Socacize.