Terms Of Use

Heatwave — Hot Yoga Studio LLC (“Heatwave,” “We,” “Us,” or “Our”) 

The following terms and conditions, along with any documents expressly incorporated by reference, including our Privacy Policy (collectively, the “Terms”), govern your access to and use of the website located at www.heatwave.yoga including any content, functionality, and services offered on or through our online application or the website. These Terms also govern your purchase of services, including, but not limited to, monthly memberships, offered on or through the website or app (“Services”). If you do not agree to these Terms or the Privacy Policy, you must not access or use the website, app, or services. 

This document contains essential information regarding your rights and obligations, as well as conditions, limitations, and exclusions that may apply to you. Please read it carefully. These Terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions. 

The app and/or website is offered and available to users who are 16 years of age or older. By using the app and/or website, you represent and warrant that you are of legal age and have the requisite capacity and authority to form a binding contract with Heatwave. By clicking the “ACCEPT” button or by otherwise using the website, app, or services, you represent that you are at least 16 years of age. 

ACCESSING THE WEBSITE AND ACCOUNT SECURITY 

We reserve the right to withdraw or amend the App and/or Website, and any Service or material we provide on the App and/or Website, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the App and/or Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the App and/or Website, or the entire App and/or Website.You are responsible for: Making all arrangements necessary for you to have access to the App and/or Website as well as ensuring that all persons who access the App and/or Website through an internet connection which you share are aware of these Terms of Use and comply with them. 

To access the App, Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the App and Website that all the information you provide on the App and/or Website is correct, current, and complete. You agree that all information you provide to register with this App, Website or otherwise, including, but not limited to, through the use of any interactive features on the App and/or Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. 

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as

confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this App or Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. 

We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use. If you are under the age of 18, you represent that your parent or legal guardian has reviewed and agreed to the Terms of Use on your behalf. If you are under the age of 18 and your parent or legal guardian has not reviewed and agreed to the Terms of Use, Heatwave — Hot Yoga Studio has the right to restrict your account until a parent approves or assumes responsibility for your account. 

If you are at least 18 years of age and you are the legal parent or guardian of a child that seeks to use our App, Website and/or Services, you may register your child with the App, Website and/or Services. You may create, register, manage and approve accounts only for your own child(ren) or child(ren) for whom you are a legal guardian. IF YOU REGISTER, APPROVE OR CONSENT TO A CHILD’S USE OF THE APP, WEBSITE OR SERVICES, OR OTHERWISE ASSUME RESPONSIBILITY FOR ANY CHILD USER, YOU REPRESENT AND WARRANT THAT YOU ARE THE LEGAL PARENT OR GUARDIAN OF SUCH CHILD AND YOU AGREE TO BE BOUND BY THE TERMS OF USE ON BEHALF OF SUCH CHILD, INCLUDING WITHOUT LIMITATION BEING LIABLE FOR ALL USE OF THE WEBSITE AND/OR SERVICES BY THE CHILD. You acknowledge that Heatwave — Hot Yoga Studio may choose, but is not obligated, to make any inquiries, either directly or through third parties, that Heatwave — Hot Yoga Studio deems necessary to validate your information, including without limitation engaging third parties to provide verification services. Heatwave — Hot Yoga Studio reserves all rights to take legal action against anyone who misrepresents personal information or is otherwise untruthful about their identity. 

CHANGES TO THE TERMS OF USE 

We may revise and update these Terms of Use at our discretion. All changes take effect immediately upon posting. By continuing to use the Website and/or App after changes are posted, you agree to the updated Terms. It is your responsibility to check this page regularly for updates, as they are binding on you.

INTELLECTUAL PROPERTY RIGHTS & USE OF THIS WEBSITE 

The App, Website, and all contents, features, and functionality (including all information, software, text, displays, images, video, audio, colors, background, objects, “look and feel,” layout, design, selection, and arrangement thereof) are owned by Heatwave — Hot Yoga Studio or its licensors and are protected by United States and international intellectual property laws. You must comply with all applicable intellectual property laws and these Terms of Use. 

These Terms allow you to use the App and/or Website for personal purposes related to our products and services (the “Purpose”). You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from the App and/or Website, except as follows: 

• Your device may temporarily store copies in RAM incidental to viewing.
• You may store files cached by your web browser for display enhancement.
• You may print or download one copy of a reasonable number of pages for 

internal business purposes related to the Purpose only, not for further reproduction, publication, or distribution. 

• If we provide downloadable applications, you may download a single copy for internal business purposes related to the Purpose, subject to our end-user license agreement. 

You must not use the App and/or Website for any purpose other than the Purpose. Specifically, you may not: 

• Modify copies of any materials from this site. 
• Use any media separately from the accompanying text. 
• Delete or alter any copyright, trademark, or other proprietary rights notices. • Use the App and/or Website or its contents for competitive or benchmarking purposes. 

Unauthorized use of the App and/or Website will result in the termination of your rights to use the Website, and you must return or destroy any copies of the materials you have made. All rights not expressly granted are reserved by us or our licensors. 

TRADEMARKS 

The trademarks, service marks, and other designations on the Website, and associated logos, are trademarks of Heatwave — Hot Yoga Studio. The design, selection, combination, and arrangement of the App and/or Website’s elements constitute the trade dress of Heatwave — Hot Yoga Studio. All other trademarks and logos used are the property of their respective owners. No permission or license is granted for the use of these trademarks or trade dress. 

PROHIBITED USES

You may use the App and/or Website only for lawful purposes and in accordance with these Terms. You agree not to: 

• Use the App and/or Website in violation of any laws or regulations. • Decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the App and/or Website. 
• Impersonate Heatwave — Hot Yoga Studio or others. 
• Use network monitoring or discovery software to determine site architecture. • Use robots, spiders, or other devices to monitor or copy the App and/or Website. • Interfere with the proper working of the App and/or Website. 
• Frame the App and/or Website or link to any page other than the home page without permission. 
• Introduce malicious software. 
• Attempt unauthorized access to the Website or its servers. 
• Attack the App and/or Website via a denial-of-service attack. 
• Interfere with the proper working of the App and/or Website. 

USE OF HYPERLINKS 

We are not responsible for the content of any other website linked to or from our App and/or Website. Hyperlinks are provided in good faith and do not signify our endorsement of the linked websites or their content. 

Information About You and Your Visits to the App and/or Website 

All information we collect is subject to our Privacy Policy. By using the App and/or Website, you consent to all actions taken with respect to your information in compliance with the Privacy Policy. 

MEMBERSHIP TERMS 

By purchasing a monthly membership, you authorize Heatwave — Hot Yoga Studio to charge your credit card monthly. Membership fees may increase at our discretion, with advance notice provided for increases. You must notify us promptly of any changes to your payment method. Memberships may be suspended or canceled for non-payment or at our discretion. Classes and memberships are not transferable unless stated otherwise. Reservations for classes are recommended and may be forfeited if you do not arrive on time. Cancellations must be made at least twelve hours in advance to avoid a fee. 

ONLINE PURCHASES AND OTHER TERMS AND CONDITIONS 

The terms apply to all purchases and transactions through the App and/or Website. Purchases are for personal use only. All orders must be accepted by us to be binding. Prices include taxes

or fees, which will be communicated before order placement. Payments are processed by third-party providers like Stripe. Refunds are generally not permitted except as required by law. 

IN-APP PURCHASES 

When using the Services through the App, you may make In-App Purchases. Your payment method will be charged at the displayed prices. Subscription renewals will be charged automatically unless canceled at least before midnight on the date of renewal. Generally, In-App Purchases are nonrefundable. 

THIRD PARTY APPLICATION STORES 

Additional terms apply if you download the App from a Third Party Store. These Terms are between you and Heatwave — Hot Yoga Studio, not the store providers. The store providers have no obligations regarding the App and are not responsible for support or warranty issues. Heatwave — Hot Yoga Studio is responsible for addressing claims related to the App. 

CHANGES TO THE APP AND/OR WEBSITE 

Information on the App and/or Website may change without notice. We are not obligated to update any information. 

DISCLAIMER OF WARRANTIES 

We do not guarantee that the App and/or Website will be free of viruses or other harmful components. Your use of the App and/or Website is at your own risk. The App, Website, and all content and services are provided “as is” without any warranties. We disclaim all warranties, including merchantability, non-infringement, and fitness for a particular purpose. 

LIMITATION OF LIABILITY 

Heatwave — Hot Yoga Studio is not liable for any damages arising from your use of the App and/or Website, including direct, indirect, special, incidental, consequential, or punitive damages. 

INDEMNIFICATION 

You agree to indemnify Heatwave — Hot Yoga Studio for any claims arising from your violation of these Terms or your use of the App and/or Website. 

ARBITRATION & CLASS ACTION WAIVER

By agreeing with Heatwave — Hot Yoga Studio, you are waiving your rights to litigate claims in court or before a jury, and to participate in a class action or representative action regarding any claim. Other rights available in court may also be unavailable or limited in arbitration. 

Any claim, dispute, or controversy (whether in contract, tort, or otherwise, including statutory, consumer protection, common law, intentional tort, injunctive, and equitable claims) between you and Heatwave — Hot Yoga Studio arising from or related to your purchase of products through the website will be resolved exclusively and finally by binding arbitration. 

Arbitration will be administered in Wisconsin by the American Arbitration Association (AAA) in accordance with the Consumer Arbitration Rules then in effect, except as modified by this section. The Federal Arbitration Act governs the interpretation and enforcement of this section. The arbitrator will have exclusive authority to resolve any dispute relating to the arbitrability and enforceability of this arbitration provision, including challenges to unconscionability or other claims that the arbitration provision or agreement is void, voidable, or invalid. The arbitrator can grant any relief available in court under law or in equity. The arbitrator’s award will be final and binding and may be entered as a judgment in any court of competent jurisdiction. If you prevail on any claim that allows for attorney’s fees, the arbitrator may award reasonable fees under the standards for fee shifting provided by law. 

You agree to arbitrate on an individual basis. Neither you nor Heatwave — Hot Yoga Studio will join or consolidate claims with other customers in court or arbitration, or participate in any claim as a class representative, class member, or in a private attorney general capacity. The arbitral tribunal cannot consolidate more than one person’s claims or preside over any form of representative or class proceeding. Any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction. 

If any part of this arbitration agreement is found unenforceable, it will be severed, and the remaining arbitration terms will be enforced. 

WAIVER AND SEVERABILITY 

No waiver by Heatwave — Hot Yoga Studio of any term or condition in these Terms of Use will be considered a further or continuing waiver of such term or condition or a waiver of any other term or condition. Heatwave — Hot Yoga Studio’s failure to assert a right or provision under these Terms of Use does not constitute a waiver of such right or provision. 

If any term in these Terms of Use is determined by a competent authority to be invalid, unlawful, or unenforceable to any extent, it will be severed from the remaining terms, which will continue to be valid and enforceable to the fullest extent permitted by law. 

ENTIRE AGREEMENT

These Terms of Use and any documents linked to and/or incorporated by reference, including the Privacy Policy, constitute the entire agreement between you and Heatwave — Hot Yoga Studio regarding the App and/or Website. They supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website. 

GOVERNING LAW 

Your use of this Website and any downloads from it, and the operation of these Terms of Use, will be governed by the laws of the State of Wisconsin, without regard to conflict of law provisions.