Last revised May 14, 2020
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 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.
4. No Users Under 18 Years Old Without Parental Permission
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:
60048 Butter LLC
1520 Artaius Pkwy #7622
Libertyville, IL 60048
9. Online Payments
10. Disclaimer of Warranties
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
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.
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.
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.
15. Force Majeure
17. Supplemental Terms Applicable to Instructors
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 firstname.lastname@example.org. 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
21. Revisions; General