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TERMS AND CONDITIONS OF USE
These terms and conditions as amended from time to time (the "Chair One Service Terms") govern the Chair One Fitness On-Demand Service (the “Service”) and its use. The Chair One Service consists of digital rentals and purchases (collectively, “Content”).
Chair One Program Terms:
1. Service Requirements
In order to use the Service, you must first be signed into your Chair One account or sign up for one at https://vimeo.com/ondemand/chaironefitnessworkouts/511409484. Cancellation or termination of your account will also result in termination of your ability to use the Service, including access to Content previously rented or purchased.
In order to stream Content, you will need to use a personal computer, portable media player, or other device that meets the system and compatibility requirements that we establish from time to time (a "Compatible Device"). The quality of the Content display may vary between Compatible Devices, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your internet connection and/or the format or definition you select. Chair One cannot guarantee the quality of your viewing experience.
a. General. The Service may allow you to: (i) access Content on a subscription basis for viewing during a limited period of time during a subscription period ("Subscription Content"), (ii) rent Content for on-demand viewing over a limited period of time ("Rental Content"), (iii) purchase Content for on-demand viewing over an indefinite period of time ("Purchased Content"), and/or (iv) access Content on a free, ad-supported or promotional basis for viewing over a limited period of time ("Free Content"). Content may be available as Subscription Content, Rental Content, Purchased Content, Free Content, or any combination of those, and in each case is subject to the limited license grant below.
b. Subscriptions/Memberships. Offers and pricing for subscriptions (also referred to at times as memberships), the subscription services, the extent of available Subscription Content, and the specific videos available through subscription services, may change over time without notice (except as may be required by applicable law). Unless otherwise indicated, any price changes are effective as of the beginning of the next subscription period. If you do not agree to a subscription change, you may cancel your subscription per Section 2(c) below. We make no guarantee as to the availability of specific Subscription Content or the minimum amount of Subscription Content available in any subscription.
c. Cancellation of Subscriptions/Memberships. You may cancel any time by visiting Your Account and adjusting your membership settings.
d. Refunds. Payments for Content are nonrefundable and there is no right to refunds or credits, unless required by applicable law. If you have difficulty accessing Content that you have purchased or rented or believe such Content is defective, please contact customer service right away at (510) 775-0834. You agree that your exclusive remedy for a defective rental or purchase of Content is replacement with a non-defective copy (or access to a non-defective stream) of the same Content. However, at any time, and for any reason, we may in our discretion provide a refund, discount, or other monetary value to a User. In the event of a refund, Chair One will terminate your access to any Content for which a refund was provided.
f. Payment Methods. The billing terms described below will apply to your subscription or membership.
If we are unable to process your payment using your designated payment method, we reserve the right to charge any payment method we have on file for you.
Unless you notify us before a charge that you want to cancel or do not want to auto renew, you understand that your subscription will automatically continue and you authorize us (without notice to you, unless required by applicable law) to collect the then-applicable periodic subscription fee including any taxes, using any payment method we have on file for you.
If all payment methods we have on file for you are declined for payment of your subscription fee, your subscription will be cancelled unless you provide us with a new payment method. If you provide us with a new payment method and are successfully charged before your subscription is cancelled, your new subscription period will be based on the original billing date and not the date of the successful charge. You can use "Your Account" settings to update your designated payment method(s).
g. Limited License to Content. Subject to payment of any charges to rent, purchase, or access Digital Content, and your compliance with all terms of this Agreement, Chair One grants you a non-exclusive, non-transferable, non-sublicensable, limited license, during the applicable Viewing Period, to access and view the Digital Content in accordance with the Usage Rules, for personal, non-commercial, private use. We may automatically remove Content from your Compatible Device after the end of its Viewing Period.
h. Availability of Purchased Content. Purchased Content will generally continue to be available to you for streaming from the Service, as applicable, but may become unavailable due to potential content provider licensing restrictions or for other reasons, and Chair One will not be liable to you if Purchased Content becomes unavailable for further streaming.
i. Playback Quality; Streaming. The playback resolution and quality of the Content you receive will depend on a number of factors, including the type of Compatible Device on which you are accessing the Content and your bandwidth, which may increase or decrease over the course of your viewing. If we detect that Content we are streaming to you may be interrupted or may otherwise not play properly due to bandwidth constraints or other factors, we may decrease the resolution and file size of the streamed Content in an effort to provide an uninterrupted viewing experience. While we strive to provide you a high-quality viewing experience, we make no guarantee as to the resolution or quality of the Content you will receive when streaming, even if you have paid extra for access to high definition, ultra-high definition, or high-dynamic-range content.
j. General Restrictions. You may not (i) transfer, copy or display the Content, except as permitted in this Agreement; (ii) sell, rent, lease, distribute, or broadcast any right to the Content; (iii) remove any proprietary notices or labels on the Content; (iv) attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management or other content protection system used as part of the Service; or (v) use the Service or Content for any commercial or illegal purpose.
3. Acknowledgement of And Changes to OD Service Terms
When using the Service, you agree to and accept these Chair One Service Terms, as published and subject to periodic update at www.chaironefitness.com. You may also obtain a copy by calling (510) 775-0834. These Service Terms, including all documents referenced herein, represent the entire understanding between Chair One and any User of the Service and supersede all previously published information and other agreements, statements or representations. Users have the responsibility to check for updates. If these Service Terms are updated, any changes will apply to all Users, including Users enrolled before the updated terms are posted, except as may be prohibited by law. Chair One may change these Service Terms, in whole or in part, at any time without notice, even though changes may affect transactions occurring before such changes. Headings used in these Service Terms are for reference only and shall not affect the meaning of any terms.