TABOOTA TERMS OF USE

 

Last revised May 14, 2020

These terms and conditions of use (“Terms of Use”) govern your use of our online interfaces and properties (e.g., websites and mobile applications) owned and controlled by 60048 Butter LLC d/b/a Taboota (“Taboota,” “we,” “us,” and “our”), including the taboota.com website and the Taboota mobile application (collectively, the “Site”), as well as the services  and content (collectively, the “Services”) available to users through the Site. The terms “you” and “your” means you, your dependents if any, and any other person accessing your Taboota Account or the Taboota Service.  

Your acceptance of, and compliance with, these Terms of Use is a condition to your use of the Site and Services. By clicking “accept”, you acknowledge that you have read, understand, and accept all terms and conditions contained within these Terms of Use and our Privacy Policy. If you do not agree to be bound by these terms, you are not authorized to access or use this Site or Services; promptly exit this Site. For any person who uses your Taboota Account or the Services from your device, you represent and warrant that you have communicated or shared these Terms of Use and the Privacy Policy with that individual, you have valid authority to bind that party to this agreement, and your agreement to these terms can and will be treated as the agreement of that other party.

Binding Arbitration. These Terms of Use provide that all disputes between you and Taboota that in any way relate to these Terms of Use or your use of the Site will be resolved by BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) to assert or defend your rights under these Terms of Use. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Section below entitled Dispute Resolution; Arbitration Agreement for the details regarding your agreement to arbitrate any disputes with Taboota.

 

1. Safety Warnings

THE TABOOTA SERVICE OFFERS HEALTH AND FITNESS INFORMATION AND IS DESIGNED FOR EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY. YOU SHOULD CONSULT YOUR PHYSICIAN OR GENERAL PRACTITIONER BEFORE BEGINNING A NEW FITNESS PROGRAM. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN, GENERAL PRACTITIONER OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTHCARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE TABOOTA SITE OR HEARD ON THE TABOOTA SERVICE. THE USE OF INFORMATION PROVIDED THROUGH THE TABOOTA SERVICE IS SOLELY AT YOUR OWN RISK AND IS NOT MEDICAL OR HEALTHCARE ADVICE.


NOTHING STATED OR POSTED ON THE TABOOTA SITE OR AVAILABLE THROUGH ANY TABOOTA SERVICE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THESE TERMS, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. THE TABOOTA SERVICE IS CONTINUALLY UNDER DEVELOPMENT AND, TO THE FULL EXTENT PERMITTED BY LAW, TABOOTA MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT THE HEALTH, FITNESS AND NUTRITIONAL ADVICE THAT APPEARS HERE. NO ASSURANCE CAN BE GIVEN THAT THE ADVICE CONTAINED IN THE TABOOTA SERVICE WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.

In becoming a user of Taboota with the intent of using the Taboota Service, you affirm that either (A) all of the following statements are true: (i) no physician or general practitioner has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician or general practitioner; (ii) you have never felt chest pain when engaging in physical activity; (iii) you have not experienced chest pain when not engaged in physical activity at any time within the past month; (iv) you have never lost your balance because of dizziness and you have never lost consciousness; (v) you do not have a bone or joint problem that could be made worse by a change in your physical activity; (vi) your physician or general practitioner is not currently prescribing drugs for your blood pressure or heart condition; (vii) you do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems; and (viii) you do not know of any other reason you should not exercise; or (B) your physician or general practitioner has been specifically consulted by you and approved of your use of the Taboota Service.

If applicable, you further affirm that (a) you are not pregnant, breastfeeding or lactating; unless (b) your physician or general practitioner has been specifically consulted and approved your use of the Taboota Service.

Taboota reserves the right to refuse or cancel your membership if we determine that you have certain medical conditions or that the representations set forth above are untrue in any respect.

 

2. Eligibility; Site Access, Security and Restrictions; Passwords

If you create an account with us, you agree to fully, accurately, and truthfully create your Taboota Account (“Account”), including but not limited to your name, mailing address, phone number, email address, and password, which become your Taboota ID and credentials. The Taboota ID or credentials are personal to you, and you are solely responsible for maintaining the confidentiality of your Taboota ID or credentials, and for all activities that occur under such Taboota ID or credentials. You agree to prohibit anyone else from using your Taboota ID or credentials and agree to immediately notify Taboota of any actual or suspected unauthorized use of your Taboota ID or credentials or other security concerns of which you become aware. Your access to the Site may be revoked by Taboota at any time with or without cause.
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation: (a) accessing data not intended for such user or logging onto a server or an 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; or (c) accessing or using the Site or any portion thereof without authorization, in violation of these Terms of Use or in violation of applicable law.
You may not use any scraper, crawler, spider, robot, or other automated means of any kind to access or copy data on the Site, deep-link to any feature or content on the Site, bypass our robot exclusion headers, or other measures we may use to prevent or restrict access to the Site. Violations of system or network security may result in civil or criminal liability. Taboota may investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.

 

3. Ownership Of The Site And Related Materials; Additional Restrictions

All pages within this Site and any material made available for download are the property of Taboota, or its licensors or suppliers, as applicable. The Site is protected by United States and international copyright and trademark laws.  The Site may contain other proprietary notices and copyright information, the terms of which you agree to follow.
Subject to these Terms of Use and the payment of all applicable fees, Taboota grants you a revocable, nontransferable (except as provided below), personal, nonexclusive license to use the object code version of the Site for personal, non-commercial purposes. All rights not expressly granted to you in these Terms of Use are reserved and retained by Taboota or its licensors, suppliers, publishers, rights holders, or other content providers. Neither the Site and Services, nor any part of the Site and Services, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Taboota. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Taboota without express written consent. You may not use any meta tags or any other "hidden text" utilizing Taboota’s name or trademarks without the express written consent of Taboota. You may not misuse the Site or Services. You may use the Site and Services only as permitted by law. The content of the Site, including without limitation the files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Site may not be copied, distributed, modified, reproduced, published, or used, in whole or in part, except for purposes authorized or approved in writing by Taboota. You may not frame or utilize framing techniques to enclose, or deep linking to, any name, trademarks, service marks, logo, content, or other proprietary information (including, without limitation, images, text, page layout, or form) of Taboota without our express written consent.

 

4. No Users Under 18 Years Old Without Parental Permission

In order to access the Site and the Services, you represent and warrant that you are older than 18 years old.  If you are under the age of eighteen (18) and wish to use our Site or Services, your parent or legal guardian must agree to your use of the Site and Services, submit your personal information, and agree to these Terms of Use on your behalf. If you are under the age of 18, you may only use our Services and access our Site with the supervision and consent of your parents or legal guardians. If we learn that we have collected personal information from someone under the age of 18 without parental consent, we will promptly delete that information. If you believe we have improperly collected personal information from someone under the age of 18, please contact us at support@taboota.com.

 

5. Accuracy of Information; Functionality

Although Taboota attempts to ensure the integrity and accurateness of the Site and Service descriptions, it makes no representations, warranties, or guarantees whatsoever as to the correctness or accuracy of the Site, Service descriptions, and other content on the Site. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions, and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Taboota so that it can be corrected. Information contained on the Site may be changed or updated without notice. Additionally, Taboota shall have no responsibility or liability for information or content posted to the Site from any non-Taboota affiliated third party.
Taboota reserves complete and sole discretion with respect to the operation of the Site and the Services. We may withdraw, suspend, or discontinue any functionality or feature of the Site or the Services among other things. We are not responsible for transmission errors, corruption, or compromise of information carried over local or interchange telecommunications carrier. We are not responsible for maintaining information arising from use of the Site or with respect to the Services. We reserve the right to maintain, delete, or destroy all communications or information posted or uploaded to the Site or the Services in accordance with our internal record retention or destruction policies.

 

6. Links to Other Sites

Taboota makes no representations whatsoever about any other website that you may access through this Site. When you access a non-Taboota site, please understand that it is independent from Taboota, and that Taboota has no control over the content on that website. In addition, a link to a non-Taboota website does not mean that Taboota endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.

 

7. User Information

If you submit, upload, post, or transmit any personal information, consent forms, agreements, requests, comments, ideas, suggestions, content, data, information, text, files, videos, images, audio, instructions or other materials to us or our Site (“User Information”), you agree not to provide any User Information violates or infringes the privacy, copyright, trademark, trade dress, trade secrets, patent, or intellectual property rights of any person or entity. You agree not to contact other Site users through unsolicited or unwanted e-mail, telephone calls, mailings, messages, or any other method of communication. You represent and warrant to Taboota that you have the legal right and authorization to provide all User Information to Taboota for use as set forth herein and required by Taboota. Taboota shall have a royalty-free, irrevocable, transferable right and license to use User Information however Taboota desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from or sell or distribute such User Information or incorporate such User Information into any form, medium, or technology throughout the world.
You agree not to: (i) access the Site or use the Services in any unlawful way or for any unlawful purpose; (ii) post, provide, submit, or otherwise transmit (1) a message under a false name, or (2) any User Information which is (A) libelous, defamatory, obscene, fraudulent, false, or contrary to the ownership or intellectual property rights of any other person, or (B) contains or promotes any virus, worm, Trojan horse, time bomb, malware, or other computer programing or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Site or the Services, personal information, software, equipment, servers, or Information or facilitate or promote hacking or similar conduct; (iii) impersonate or misrepresent your identity or falsely state or misrepresent your affiliation with a person or entity; (iv) tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security, or proper function of the Site or the Services; (v) use robots or scripts with the Site; (vi) attempt to reverse engine, reverse assemble, reverse compile, decompile, disassemble, translate, or otherwise alter, defraud, or create false results from any executable code, information on, or received by this Site; (vii) to have any antivirus or antispyware software running that is set to override the internet browser’s cookies setting; (viii) incorrectly identify the sender of any message transmitted to Taboota; (ix) alter the attribution or origin of electronic mail, messages, or posting; and (x) harvest or collect personal information about any other individual who uses the Site or the Services.
Taboota may de-identify your information such that it is no longer considered personally identifiable information. Taboota may disclose, aggregate, sell, or otherwise use such de-identified information to third parties for analytics, research, or other purposes.
Taboota may, but is not obligated to, delete, modify, or edit any User Information provided by you, with or without cause, including if Taboota deems it in its sole discretion fraudulent, abusive, defamatory, obscene, or in violation of copyright, trademark, or other intellectual property or ownership right of any other person or entity.

 

8. Claims of Copyright Infringement

We disclaim any responsibility or liability for copyrighted materials posted on our Site. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below.
Taboota respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), we will respond promptly to notices of alleged infringement that are reported to Taboota’s Designated Copyright Agent, identified below.
Notices of Alleged Infringement for Content Made Available on the Site
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Site by sending us a notice ("Copyright Notice") complying with the following requirements.
1. Identify the copyrighted works that you claim have been infringed.
2. Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the 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 Copyright Notice:
"I hereby state that I have a good faith belief that the disputed use of the copyrighted 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 Copyright 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 Copyright Notice, with all items completed, to our Copyright Agent:
ATTN: Legal
60048 Butter LLC
1520 Artaius Pkwy #7622
Libertyville, IL 60048
Email: support@taboota.com

 

9. Online Payments

Taboota does not accept any money or other consideration on behalf of any user of our Site, and all payment processing services for our Site are provided by third parties. Such third party services may be subject to third party terms of use. You are solely responsible for reviewing and accepting those third party terms of use. Any dispute or other issue regarding online payments should be addressed with the applicable third party, not Taboota.

 

10. Disclaimer of Warranties

BY AGREEING TO THESE TERMS OF USE, YOU FULLY ASSUME ALL RISK ASSOCIATED WITH USE OF OUR SITES AND SERVICES, INCLUDING DEATH OR INJURY TO YOURSELF OR OTHERS. TABOOTA DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. TABOOTA DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION OR SERVICES OBTAINED THROUGH THE SITE. TABOOTA DOES NOT GUARANTEE ANY PARTICULAR RESULTS OR OUTCOMES FROM THE USE OF OUR SITE AND SERVICES. TABOOTA MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE TRAINING, EXPERIENCE, COMPETENCY, OR ACCREDITATION OF ANY OF THE INSTRUCTORS, AND THE INSTRUCTORS YOU VIEW THROUGH THE SITE MAY BE AMATEURS AND UNDERQUALIFIED FOR THE CONTENT THEY PROVIDE.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND LINKED WEBSITES. TABOOTA DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY. TO THE EXTENT ANY DISCLAIMER OR LIMITATION OF LIABILITY IN THESE TERMS OF USE DOES NOT APPLY, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL APPLICABLE EXPRESS, IMPLIED, AND STATUTORY WARRANTIES WILL BE LIMITED IN DURATION TO A PERIOD OF 30 DAYS AFTER THE DATE ON WHICH YOU FIRST USED THE TABOOTA SERVICE, AND NO WARRANTIES SHALL APPLY AFTER SUCH PERIOD.

 

11. Limitation of Liability Regarding Use of Site

EXCEPT AS PROVIDED BY LAW, AND WITHOUT LIMITATION:
TABOOTA SHALL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF ANY USERS OF OUR SITE OR THE USER INFORMATION THEY PROVIDE, INCLUDING INSTRUCTORS (AS DEFINED IN SECTION 17 BELOW). TABOOTA, THE INSTRUCTORS, AND ANY OTHER THIRD PARTIES MENTIONED ON THIS SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, OR LINKED WEBSITES IS TO STOP USING THE SITE OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF TABOOTA TO YOU WITH RESPECT TO YOUR USE OF THIS SITE IS $500 (FIVE HUNDRED DOLLARS). YOU HEREBY AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS THAT LIMIT THE EFFICACY OF SUCH INDEMNIFICATIONS OR RELEASES.
You hereby release and forever discharge us, our successors and assignees, our affiliates and each of the foregoing’s respective directors, officers, employees and agents (collectively, the "Releasees") from and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Site users or third party sites, including any third party site content, and any and all liability, costs, expenses, losses, damages (including damage to property or personal injury or death) and claims, whether known or unknown, which may arise from (i) you conducting, participating in, attending, or authorizing an event created on the Site or (ii) from the acts or omissions of third parties you interact with through the Site (collectively the “Released Claims”).
In furtherance of the foregoing, and only with respect to the Released Claims, you waive your rights under California Civil Code Section 1542 which states: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."

 

12. No Third Party Rights

Unless expressly stated in the Terms of Use to the contrary, nothing herein is intended to confer any rights or remedies on any persons other than you, Taboota, and their affiliates. Nothing in the Terms of Use is intended to relieve or discharge the obligation or liability of any third persons to you, Taboota, and its affiliates, nor shall any provision give any third parties any right of subrogation or action over against you, Taboota, and its affiliates.

 

13. Assignment

You may not assign, transfer, or delegate the Terms of Use or any part thereof without Taboota’s prior written consent. Taboota may freely transfer, assign, or delegate all or any part of the Terms of Use, and any rights or duties hereunder or thereunder. The Terms of Use will be binding upon and inure to the benefit of the heirs, successors, and permitted assignees of the parties.

 

14. Dispute Resolution; Arbitration Agreement

We will try to work in good faith to resolve any issue you have with the Site, including without limitation, Services obtained through the Site, if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer's satisfaction.
You and Taboota agree that any dispute, claim, or controversy arising out of or relating in any way to these Terms of Use or your use of the Site, including without limitation,  Services obtained through the Site, shall be determined by binding arbitration instead of in courts of general jurisdiction. Arbitration is more informal than bringing a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and is subject to very limited review by courts. Arbitration allows for more limited discovery than in court, however, we agree to cooperate with each other to agree to reasonable discovery in light of the issues involved and amount of the claim. Arbitrators can award the same damages and relief that a court can award, but in so doing, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court, including without limitation, the law on punitive damages as applied by the United States Supreme Court. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Taboota are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms of Use and any other contractual relationship between you and Taboota.
If you desire to assert a claim against Taboota, and you therefore elect to seek arbitration, you must first send to Taboota, by certified mail, a written notice of your claim ("Notice"). The Notice to Taboota should be addressed to: ATTN: Legal, 60048 Butler LLC, 1520 Artaius Pkwy #7622, Libertyville, IL 60048 ("Notice Address"). If Taboota desires to assert a claim against you and therefore elects to seek arbitration, it will send, by certified mail, a written Notice to the most recent address we have on file or otherwise in our records for you. A Notice, whether sent by you or by Taboota, must (a) describe the nature and basis of the claim or dispute, and (b) set forth the specific relief sought ("Demand"). If Taboota and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Taboota may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by Taboota or you shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration from the American Arbitration Association at www.adr.org. If you are required to pay a filing fee, after Taboota receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for more than US $1,000.
The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms of Use, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by requesting them from us by writing to us at the Notice Address. The arbitrator is bound by the terms of these Terms of Use. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope and enforceability of these Terms of Use, including, but not limited to, this arbitration agreement. Unless Taboota and you agree otherwise, any arbitration hearings will take place in Lake County, Illinois. (If you reside outside of the United States, any arbitration hearings will take place in your country of residence at a location reasonably convenient to you, but will remain subject to the AAA Rules including, but not limited to, the AAA rules regarding the selection of an arbitrator). If your claim is for US $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of Taboota’s last written settlement offer made before an arbitrator was selected (or if Taboota did not make a settlement offer before an arbitrator was selected), then Taboota will pay you the amount of the award or US $1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules. Each party shall pay for its own costs and attorneys' fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party attorneys' fees, or if there is a written agreement providing for payment or recovery attorneys’ fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.
YOU AND TABOOTA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Taboota agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
If the arbitration terms and conditions of this Section 14 are found to be unenforceable, then (i) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms of Use shall remain in full force and effect, and (ii) exclusive jurisdiction and venue for any claims will be in state or federal courts located in and for Lake County, Illinois.

 

15. Force Majeure

We will not be deemed to be in breach of these terms or liable for any breach of these terms or our privacy policy due to any event or occurrence beyond our reasonable control, including without limitation, acts of God, terrorism, war, invasion, failures of any public networks, electrical shortages, earthquakes or floods, civil disorder, strikes, fire, or other disaster.

 

16. Indemnification

You agree to defend, indemnify, and hold harmless Taboota and any affiliates from and against any and all rights, demands, losses, liabilities, damages, claims, causes of action, actions, and suits (no matter whether at law or equity), fees, costs, and attorney’s fees of any kind whatsoever arising directly or indirectly out of or in connection with: (i) your use or misuse of the Site, Services or any information posted on the Site; (ii) your breach of the Terms of Use or Privacy Policy; (iii) the content or subject matter of any information you provide to Taboota or customer service agent; or (iv) any negligent or wrongful act or omission by you in your use or misuse of the Site, Services, or any information on the Site, including without limitation, infringement of third party intellectual property rights, privacy rights, or negligent or wrongful conduct.

 

17. Supplemental Terms Applicable to Instructors

These supplemental terms apply to any fitness, nutritional, health, or wellness content providers, trainers, coaches, or other instructors (amateur or professional) (for purposes of this Section 17, “Instructor” or “you”) in addition to the other provisions of these Terms of Use. In the event of a conflict between the supplemental terms and any other terms herein, the supplemental terms shall prevail.


To be a content provider or Instructor using the Site, you must agree to comply with all laws, industry standards, and other rules and regulations applicable to you as an Instructor or otherwise. It is the express intent of both you and Taboota that you are an independent contractor and not an employee, agent, joint venturer, or partner of Taboota. Taboota does not promise, warrant, or guarantee that Instructor will receive any payment or other compensation for the User Information or services they submit or provide through the Site. Instructor shall be solely responsible for paying all necessary taxes related to the content and services he/she/they provide and to report his/her/their income and withhold all required taxes from such income, as may be required by law. You will not be entitled to receive any vacation or illness payments, or to participate in any plans, arrangements, or distributions by Taboota pertaining to any bonus, stock option, profit sharing, insurance, or similar benefits for Taboota employees. In addition, you acknowledge and agree that Taboota will not provide you with workers’ compensation, unemployment, or any other coverage relevant to employees as required under applicable local, state, or federal law.


Taboota does not provide any medical advice, legal advice, or representations in any way regarding any legal or medical issues associated with Instructor, or content or services offered by Instructor, including but not limited to any compliance obligations or steps necessary to comply with any state or federal laws and regulations. Instructor should seek legal counsel regarding any legal and compliance issues, and should not rely on any materials or content associated with the Services in determining Instructor’s compliance obligations under law. Instructor and Taboota agree that Taboota is not providing to customers, patients, or anyone else, medical advice or legal advice. THE TABOOTA SITE AND THE SERVICES ARE NOT MEANT TO SUBSTITUTE OR MODIFY YOUR PROFESSIONAL JUDGMENT IN ANY WAY.


Nothing in this Agreement shall be construed as requiring Taboota to use any or all of the User Information or other Content that Instructor submits or otherwise makes available to Taboota.Such use will be in Taboota’s sole and absolute discretion (e.g., Taboota may select the User Information it deems appropriate to use).Instructor is solely responsible for the appropriateness of any User Information it shares with Taboota, including the appropriateness of displaying or sharing any personal information.


Instructor will use the Site and Services only in accordance with applicable industry standards concerning the health and safety of participants. Instructor shall be solely responsible for its use of the Site and the User Information it submits. In this regard, Instructor releases Taboota and waives any and all potential claims against Taboota as a result of Instructor’s use of the Site and Services. Instructor agrees to defend, indemnify and hold Taboota harmless from any claim by or on behalf of any third party, including a user of Instructor’s User Information or services or by or on behalf of any other third party or person claiming damage by virtue of a familial or financial relationship with such user, which is brought against Taboota, regardless of the cause if such claim arises for any reason whatsoever, out of Instructor’s use or operation of the Site and Services.To the extent applicable, Instructor will obtain Taboota’s prior written consent to any settlement or judgment in which Instructor agrees to any finding of fault of Taboota or defect in the Site or Services.Taboota will promptly notify Instructor in writing of any claim subject to this indemnification, promptly provide Instructor with the information reasonably required for the defense of the same, and grant to Instructor exclusive control over its defense and settlement.

 

18. Application Support; Functionality

All questions and requests relating to Site support must be directed to Taboota. To submit a support request, please email us at support@taboota.com. The Select Third Parties, as defined in Section 26, are not responsible for providing support for the application portions of the Site and may not be contacted for support. Taboota will use commercially reasonable efforts to respond to questions and provide support. Please note that we may change or remove functionality and other features of the Site at any time, without notice.

 

19. Modified Devices and Operating Systems

Taboota will have no liability for errors, unreliable operation, or other issues resulting from use of the Site on or in connection with rooted or jail broken devices or use on any mobile device that is not in conformance with the manufacturer’s original specifications, including, but not limited to, use of modified versions of the operating system (collectively, “Modified Devices”). Use of the Site on Modified Devices will be at your sole and exclusive risk and liability.

 

20. No Liability for Select Third Parties

Your wireless carrier, the manufacturer and retailer of your mobile device, the developer of the operating system for your mobile device, the operator of any application store, marketplace, or similar service through which you obtain the Site, and their respective affiliates, suppliers, and licensors (collectively, the “Select Third Parties”) are not parties to these Terms of Use and they do not own and are not responsible for the Site. Taboota, and not any Select Third Parties, is responsible for addressing any claims raised by you or any third party regarding the Site or your use or possession thereof, including, but not limited to, claims related to product liability, legal, or regulatory requirements, and consumer protection or similar legislation. You are responsible for complying with all application store and other applicable Select Third Parties’ terms and conditions. YOU AGREE: (A) THE SELECT THIRD PARTIES DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, WITH RESPECT TO THE SITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE; (B) IN NO EVENT WILL THE SELECT THIRD PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) ARISING OUT OF THIS AGREEMENT OR THE SITE, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES; AND (C) IN ANY EVENT, THE MAXIMUM LIABILITY OF ANY SELECT THIRD PARTY FOR ALL CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) OF EVERY KIND WILL IN NOT EXCEED FIVE DOLLARS ($5.00); AND (IV) YOU WAIVE ANY AND ALL CLAIMS, NOW KNOWN OR LATER DISCOVERED, THAT YOU MAY HAVE AGAINST THE SELECT THIRD PARTIES ARISING OUT OF THE SITE AND THESE TERMS OF USE. THE THIRD PARTIES ARE INTENDED THIRD PARTY BENEFICIARIES OF THESE TERMS OF USE, AND ARE CAPABLE OF DIRECTLY ENFORCING ITS TERMS. NOTHING CONTAINED IN THESE TERMS OF USE WILL BE CONSTRUED AS MODIFYING OR AMENDING ANY AGREEMENTS OR OTHER TERMS BETWEEN YOU AND THE SELECT THIRD PARTIES WITH REGARD TO THEIR SUBJECT MATTER. In the event of any claim that the Site or your possession and use of the Site infringes a third party’s intellectual property rights, the Select Third Parties are not responsible for the investigation, defense, settlement, or discharge of the infringement claim.

 

21. Revisions; General

Taboota reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without cause, and with or without notice. Taboota reserves the right to modify these Terms of Use at any time, effective upon posting. Any use of this website after such changes will be deemed an acceptance of those changes. You agree to review the Terms of Use each time you access this website so that you may be aware of any changes to these Terms. In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect. These Terms of Use constitute the entire agreement between Taboota and you pertaining to the subject matter hereof. In its sole discretion, Taboota may from time-to-time revise these Terms of Use by updating this posting. You should, therefore, periodically visit this page to review the current Terms of Use, so you are aware of any such revisions to which you are bound. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within this Site. For purposes of these Terms of Use, (a) the words "include," "includes," and "including" are deemed to be followed by the words "without limitation"; (b) the word "or" is not exclusive; and (c) the words "herein," "hereof," "hereby," "hereto," and "hereunder" refer to these Terms of Use as a whole.

 

Copyright/Trademark Information. Copyright ©2020 Taboota. All rights reserved. All trademarks, logos, and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

 

How to Contact Us:

Email: support@taboota.com