TERMS OF SERVICE
Date: October 19, 2020
Hey friends! Thanks for stopping by ATHLEISURE COLLECTIVE and learning more about us! Guess what? Just like every other company, we have some rather detailed Terms of Service. Essentially, what it says is that we do our best to provide you with amazing services and experiences, governed by reasonable rules and expectations. If you would like to learn more, keep reading below!
Let’s begin...
Please read these Terms & Service (“Agreement” or “Term of Service”) carefully before using www.athleisurecollective.com (“the Site) operated by ATHLEISURE COLLECTIVE, LLC (“us”, “we”, “our.” “AC,” or “AthCo”).
ATHLEISURE COLLECTIVE provides an online and in person athletics and leisure community that offers related products, services, content, and features through the ATHLEISURE COLLECTIVE website, in person at physical locations, and on ATHLEISURE COLLECTIVE-controlled social media pages (including on Facebook, Instagram, Spotify, Pinterest, LinkedIn, Vimeo, YouTube, and Twitter) (the “Services”). This Agreement sets forth the legally binding terms and conditions for your use of the Site at www.athleisurecollective.com. This Terms of Service is an agreement between you and ATHLEISURE COLLECTIVE, LLC (“us”, “we”, or “our”). Together with our Privacy Policy, this Terms of Service (collectively, the “Terms of Service” or “Agreement”) applies to your use of the website, www.athleisurecollective.com (the “Site”), our mobile apps, services provided at our physical location and in person at events, and ATHLEISURE COLLECTIVE-controlled social media pages (including on Facebook, Instagram, Spotify and Twitter) (the “Services”).
By, as applicable, accessing or using the Services in any manner, including, but not limited to, visiting or browsing the Site, purchasing products and services on the Site, participating in AC ON DEMAND on the Site, downloading the mobile app(s), or contributing content or other materials to the Site or on or via the mobile app(s), you agree to be bound by the Terms of Service. You are only authorized to use the Services if you agree to abide by all applicable laws and to the Terms of Service. Please read the Terms of Service carefully and save it. If you do not agree with it, you should leave the Site and/or mobile app and discontinue use of the Services immediately.
CHANGES TO THIS AGREEMENT
We reserve the right to modify the Terms of Service at any time, in our sole discretion. If we modify material terms to this Agreement, such modification will be effective after we send you notice of the amended agreement, if permitted under the applicable law. Such notice will be at our sole discretion, and the manner of the notification may include, for example, via email, posted notice on the Site or mobile apps, or other manner. Your failure to cease use of the Services after receiving notification of the modification will constitute your acceptance of the modified terms.
If you do not agree to any of this Agreement or any changes to this Agreement, you shall immediately not use, access, or continue to access the Site.
ACCESSING THE SERVICES AND ACCOUNT SECURITY
To access the Services, you may be asked to provide certain details or other information. It is a condition of your use of the Services that all the information you provide to us is correct, current, and complete. You agree that your failure to provide complete and accurate information may result in the termination of your access to the Services.
By using this site, you represent that you are at least the age of majority in your jurisdiction of residence, or that you are the age of majority in your jurisdiction of residence and you have given us your consent to allow any of your minor dependents to use the Service. By using the Services, you represent that you are over 15 years of age, and, if between the ages of 15 and 18, your parent or guardian has consented to the Terms of Service and your use of the Services.
From time to time, we may restrict access to some or all parts of the Services, including in person and online classes or events, the Site, mobile apps and more.
In order to access some Services available on the Site and mobile app, you will have to create an account. You may not use another person’s account, subscription, or passwords. You agree that you are solely responsible for the activity that occurs on your account and while on the Site. You agree to keep your account and passwords secure and confidential. You agree to notify us immediately of any breach of security or unauthorized use of your account.
PROHIBITED USES
You may use the Services only for lawful purposes and in accordance with the Terms of Service. You agree not to use the Services:
For any unlawful purposes, or that could violate any applicable federal, state, local, or international law or regulation;
To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm us or other persons using the Services or expose them to liability.
Additionally, you agree not to:
Use the Services for any commercial purpose;
Use the Services in any manner that could disable, overburden, damage, or impair the Site or mobile app or any other party’s use of the Services;
Use any robot, spider, or other automated device, process, or means to access the Service for any purpose;
Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;
Use the Services to distribute unsolicited promotional or commercial content, or solicit other persons using the Services for commercial purposes;
Otherwise attempt to interfere with the proper working of the Service.
SUBSCRIPTIONS, MEMBERSHIPS, RULES, AND REGULATIONS
To enjoy full access to ATHLEISURE COLLECTIVE’s Service, including AC ON DEMAND, in person and online Membership classes, one time classes and events and free community classes and events, you must: register as a member, subscribe to the Service or purchase a membership/one time class or event, enter into a subscription and/or membership, and sign a liability waiver. Your AC ON DEMAND Subscription is governed by the terms as follows: You will have access to AC ON DEMAND for the duration of the subscription you choose (1 Year, 3 Months, or 1 Month). You will pay up front for your subscription. You will get access to all things offered on AC ON DEMAND including athletic, leisure, nutrition, recipe, community, and specials in the form of written content, pre-recorded videos, live video, and discount codes. Your subscription will automatically renew unless you cancel. You must provide complete and accurate registration information to ATHLEISURE COLLECTIVE, complete the Subscription and/or Membership process, and notify us if any of your information changes. If you fail to keep your account information up to date, we may have to suspend or terminate your Subscription or Membership.
PROFILE INFORMATION.
You may not use someone else’s name, or any name, location, other public profile information or image that violates any third party rights, is against the law, or that is offensive, obscene or otherwise objectionable (in ATHLEISURE COLLECTIVE’s sole discretion).
ACCOUNT SECURITY.
You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You may not allow others to use your account or passwords. You must safeguard the confidentiality of your password, and if you are using a device that others have access to, log out of your account, close your Site session, and ensure no one after you can access ATHLEISURE COLLECTIVE Services where subscriptions, memberships, or some sort of password protection is needed. If you become aware of an unauthorized access to your account, change your password and notify our team immediately.
CANCELLATIONS:
If you choose to cancel your AC ON DEMAND subscription please email us at your soonest convenience so we can properly take care of this. Please see the Return Policy for more information on this.
If you need to cancel an online or in-person class or event please let us know 12 hours in advance (or sooner) so that we can plan accordingly, allow access to another person, and so that you will not be charged. This includes switching time slots under the 12-hour notice time period. You may cancel class on our online system, email us, or call us directly.
RESERVATIONS:
You must be physically present 5 minutes prior to the start of your scheduled class event, otherwise your spot may be given to a waitlisted member.
PERSONAL BELONGINGS:
You agree that we are in no way responsible for the safekeeping of your personal belongings while you are present in our physical space or at in-person classes or events. You assume all risk of loss for any of your personal belongings.
MISCELLANEOUS:
If recovering from injury or illness, notify the instructor prior to class or event start time.
RETURN POLICY
Need to make a return? We will do our best to make sure you are satisfied with your purchase and experience with AC!
There are three different methods of purchasing products at ATHLEISURE COLLECTIVE (AC): in our physical space, on our website, and on Social Media Shopping Pages. Please see our helpful guidelines for making a return below.
Items must be returned within 30 days of purchase, unwashed, unopened, unused, and unworn with the tags still on.
Proof of purchase (including your receipt or your AC Account Info) will be needed to make the return.
Items can be returned in person, at our physical location, or shipped to us.
If you are shipping your return: items must be returned and shipped back to AC’s Shipping Department. Customers are responsible for shipping costs. Email us at hello@athliesurecollective.com before you ship your return so we can help you with shipping details, provide information to ensure it gets back to us, and to confirm you are satisfied. We are unable to accept returns without prior acknowledgement and approval.
If you would like to exchange or cancel your AC ON DEMAND Subscription, Membership, or One-Time Class/Event purchases, please email us at hello@athleisurecollective.com and we will process this request accordingly. Cancellation & Exchange Emails for your AC ON DEMAND Subscription and/or Membership must be received by ATHLEISURE COLLECTIVE 30 days before your next billing date in order to not be charged for the next month and beyond. Unused One-Time Class/Event purchases will get refunded fully once the email is received and the refund/exchange is processed. The requests will be processed in the order they are received. If you request a cancellation or an exchange on any of these services in person, the same will apply and you will need to give us a written request via email or by signing our cancellation/exchange document.
After the return is processed, you will receive a refund to the original payment method or a store credit if you would like.
If you have any questions, please reach out to us at hello@athleisurecollective.com and we would be happy to help!
MOBILE SERVICES
Some of the Services may be available via your mobile phone, including but not limited to the ability to book and/or purchase athletic or leisure classes via your mobile phone, the ability to access and participate in AC ON DEMAND and online classes/events, the ability to shop and checkout on your mobile phone, the ability to access certain ATHLEISURE COLLECTIVE features through your mobile phone, the ability to browse ATHLEISURE COLLECTIVE from your mobile phone, and the ability to receive and reply to ATHLEISURE COLLECTIVE messages (collectively the “Mobile Services”). We do not charge for the Mobile Services. However, your carrier’s normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if our Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to use our Mobile Services.
TERMINATION & SURVIVAL
We may terminate your access to ATHLEISURE COLLECTIVE Services at any time, in our sole discretion, without cause or notice. You may terminate your account or any subscription/membership that you have purchased, at any time, for any reason, by following the instructions on the “My Account” page or by contacting us directly via phone or email. We may terminate your account or subscription/membership at any time, without warning, if you breach the Terms of Service. If we terminate your account or subscription/membership because you have breached the Terms of Service, you will not be entitled to a refund of any fees or for any unused portion of any membership packages or class packages.
The following provisions will survive termination of this Agreement: (1) Termination; Survival; (2) Assignment; (3) Intellectual Property Rights; (4) Legal Disputes and Arbitration Agreement for Users in the United States and Canada; (5) Governing Law; (6) Indemnity; (7) Limitation of Liability.
THIRD PARTY SITES
Our Site and mobile apps may contain links to third-party sites that are not owned or controlled by us. We have no control over, assume no responsibility for, and do not endorse or verify the content, privacy policies, or practices of any third-party sites or services. We make no warranties or representations about the accuracy, completeness, or timeliness of any content posted on the Site or mobile apps by anyone other than us. We strongly advise you to read all third-party terms and conditions and privacy policies.
ASSIGNMENT
You may not assign or transfer this Agreement (or any of your rights or obligations under this Agreement) without prior written consent. Any attempted assignment or transfer without complying with the foregoing will be void. When permitted under the applicable law, we may freely assign or transfer this Agreement. This Agreement inures to the benefit of and is binding upon the parties and their respective legal representatives, successors, and assigns.
FEES
You acknowledge that ATHLEISURE COLLECTIVE charges fees for its services and products, and subject to the applicable law, ATHLEISURE COLLECTIVE reserves the right to change its fees from time to time in it’s discretion.
INTELLECTUAL PROPERTY RIGHTS
The content on the Site, mobile apps, and at our physical locations, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, design, aesthetics, interactive features, and the like (“Content”) and the trademarks, service marks, and logos contained therein (“Marks”), are owned by or licensed to ATHLEISURE COLLECTIVE, subject to copyright and other intellectual property rights under the law. Content on the website is provided to you as is for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We reserve all rights not expressly granted in and to the website and the Content. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the website or services, provided by you to ATHLEISURE COLLECTIVE are non-confidential and shall become the sole property of ATHLEISURE COLLECTIVE.
You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein. You agree not to circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the website or the Content therein.
ATHLEISURE COLLECTIVE and the icons, graphics, logos, wordmarks, and designs are trademarks of ATHLEISURE COLLECTIVE in the U.S. and/or other countries for which applications are pending. ATHLEISURE COLLECTIVE trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of ATHLEISURE COLLECTIVE.
FEEDBACK
You may submit comments, suggestions or ideas about our Services, including ways in which you would improve or change the Services (the “Feedback”). You agree that your Feedback is provided to us on a NON-CONFIDENTIAL BASIS, is voluntary, gratuitous, unsolicited and without restriction, and ATHLEISURE COLLECTIVE does not have any fiduciary duty or other duty as a result of receiving your Feedback. You hereby grant ATHLEISURE COLLECTIVE the unlimited, perpetual right to use, copy, modify, publish, redistribute, create derivative works from such Feedback or otherwise disseminate your Feedback for any purpose and in any way without compensation or any obligation to you or any other third parties. ATHLEISURE COLLECTIVE does not waive any rights to use similar or related feedback or ideas known to ATHLEISURE COLLECTIVE, developed by ATHLEISURE COLLECTIVE employees, or obtained from other sources.
ENTIRE AGREEMENT & NO WAIVER
The Terms of Service, together with our Privacy Policy, and any other legal notices published on the Site, mobile app(s), or in our physical locations shall constitute the entire agreement between you and us concerning the Services, and supersedes all prior terms, agreements, discussions and writings regarding the Services. If any provision of the Terms of Service is found to be unenforceable, then that provision shall not affect the validity of the remaining provisions of the Terms of Service, which shall remain in full force and effect.
No waiver of any term of the Terms of Service shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under the Terms of Service shall not constitute a waiver of such right or provision.
SERVICE INTERRUPTIONS
Our Services may be suspended temporarily or permanently without notice to you for security purposes, maintenance or repair, system failures, or other similar circumstances (collectively, “Service Interruptions”). You acknowledge and agree that you are not entitled to a refund or rebate related to such Service Interruptions.
ARBITRATION OF DISPUTES AGREEMENT
PLEASE READ THE FOLLOWING CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT
If you and ATHLEISURE COLLECTIVE do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued over a dispute arising out of this agreement, either party may initiate binding arbitration. All claims arising out of or relating to your use of the Services (including the formation, performance, and breach of this arbitration agreement), your and our relationship and/or your use of the Services shall be finally settled by binding arbitration administered by the American Arbitration Association (“AAA”) Consumer Arbitration Rules and Mediation Procedure (“AAA Rules”), excluding any rules or procedures governing or permitting class actions.
Each party will have the right to use legal counsel in connection with arbitration at its own expense. You and ATHLEISURE COLLECTIVE shall select a single neutral arbitrator in accordance with the AAA Rules. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including, but not limited to, any claim that all or any part of this Agreement is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on you and us, and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of this arbitration agreement and all other agreements between you and ATHLEISURE COLLECTIVE shall be subject to the Federal Arbitration Act.
The current AAA rules governing consumer arbitration may be accessed at https://www.adr.org/Consumer. Updated copies of the rules are available for review from the AAA’s website at www.adr.org.
If you initiate arbitration, to the extent the filing fee for the arbitration exceeds Two Hundred and Fifty U.S. Dollars ($250.00), ATHLEISURE COLLECTIVE will pay the additional cost. If ATHLEISURE COLLECTIVE is required to pay the additional cost of the filing fees, you should submit a request for payment of fees to AAA along with your form for initiating the arbitration, and ATHLEISURE COLLECTIVE will arrange to pay all necessary fees directly to AAA. ATHLEISURE COLLECTIVE will also be responsible for paying all other arbitration costs arising in connection with the arbitration, other than costs incurred by you for legal counsel, travel, and other out-of-pocket costs and expenses not constituting fees or amounts payable to AAA. You will not be required to pay fees and costs incurred by us if you do not prevail in arbitration.
You and ATHLEISURE COLLECTIVE understand that absent this mandatory provision, you and ATHLEISURE COLLECTIVE would have the right to sue in court and have a jury trial. You and ATHLEISURE COLLECTIVE further understand that the right to discovery may be more limited in arbitration than in court.
CLASS ACTION AND CLASS ARBITRATION WAIVER.
You and ATHLEISURE COLLECTIVE each further agree that any arbitration shall be conducted in our respective individual capacities only and not as a class, collective, or representative (“Class”) action, and you and ATHLEISURE COLLECTIVE each expressly waive our respective right to file a Class action or seek relief on a Class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a Class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and you and ATHLEISURE COLLECTIVE shall be deemed to have not agreed to arbitrate disputes.
Exception – California Private Attorneys General Act (PAGA) Action. Notwithstanding your and our agreement to resolve all disputes through arbitration, either you or we may seek relief in a court of law for a claim arising under California’s Private Attorneys General Act.
Exception – Small Claims Court Claims. Notwithstanding your and ATHLEISURE COLLECTIVE’s agreement to resolve all disputes through arbitration, either you or ATHLEISURE COLLECTIVE may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
14 DAY RIGHT TO OPT-OUT.
You have the right to opt-out and not be bound by the arbitration and Class action waiver provisions set forth above by sending written notice of your decision to opt-out by emailing us at hello@athleisurecollective.com and providing the following information: (i) your name, (ii) your mailing address; (iii) a statement of your wish not to resolve disputes with ATHLEISURE COLLECTIVE through arbitration. The notice must be sent within fourteen (14) days of your agreement to the Terms of Use, otherwise you shall be bound to arbitrate disputes in accordance with the terms of this Section. If you opt-out of these arbitration provisions, ATHLEISURE COLLECTIVE will also not be bound by them.
EXCLUSIVE VENUE FOR LITIGATION AND GOVERNING LAW.
To the extent that the arbitration provisions set forth above do not apply or if you have opted out of arbitration, you and ATHLEISURE COLLECTIVE expressly consent that any litigation between you and us shall be filed exclusively in state of Washington or federal courts located in and governed by the laws of the State of Washington (except for small claims court actions which may be brought in the county where you reside) or, if in connection with ATHLEISURE COLLECTIVE’s AC ON DEMAND product or other online products/services, the state in which the content was consumed, without giving effect to any principles of conflicts of law. In the event of litigation, you and ATHLEISURE COLLECTIVE agree to waive, to the maximum extent permitted by law, any right to a jury trial, except where a jury trial waiver is not permissible under applicable law.
GOVERNING LAW
This Agreement (and any further rules, policies, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of Washington, USA, without giving effect to any principles of conflicts of law.
INDEMNIFICATION
You agree to release, indemnify, and defend ATHLEISURE COLLECTIVE, LLC and any subsidiaries, affiliates, related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each (the “ATHLEISURE COLLECTIVE”) from all third-party claims and costs (including reasonable attorneys’ fees) arising out of or related to: (1) your use of the Services; (2) your conduct or interactions with other users of the Services; (3) your breach of this Agreement. We will notify you promptly of any such claim and will provide you (at your expense) with reasonable assistance in defending the claim. You will allow us to participate in the defense and will not settle any such claim without our prior written consent. We reserve the right, at our own expense, to assume the exclusive defense of any matter otherwise subject to indemnification by you. In that event, you will have no further obligation to defend us in that matter.
LIMITATION OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE ATHLEISURE COLLECTIVE ENTITIES TO YOU
By attending classes, events, activities, purchasing products, and accessing other programs (like AC ON DEMAND) provided by us, using the ATHLEISURE COLLECTIVE physical locations and equipment, and/or using the online Services, you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in the nature of ATHLEISURE COLLECTIVE’s Services, you hereby acknowledge that you have voluntarily chosen to participate in any and all of ATHLEISURE COLLECTIVE Services and Products. You understand that ATHLEISURE COLLECTIVE strongly recommends that you consult with your physician prior to commencing in AC ON DEMAND, any online or in-person classes or events, or purchase any products that involve your well being. You acknowledge that you have been fully informed of the nature of ATHLEISURE COLLECTIVE Services and Products and the possibility of adverse physiological and psychological occurrences including, but not limited to, abnormal blood pressure, fainting, heart attack,. and/or death; and that your risks may be aggravated if you are pregnant, suffer from an underlying medical condition, take medication, smoke cigarettes have a family history of coronary disease, or have recently suffered an illness, injury or impairment, and you assume all risk for your health and well-being, and fully release and hold harmless for any responsibility, cost, or damages ATHLEISURE COLLECTIVE, its instructors, its members, and its employees for any injury, harm, or loss you may suffer, including death, as a result of participation in any ATHLEISURE COLLECTIVE Services.
WE ARE PROVIDING THE SERVICES, INCLUDING THE SITE AND MOBILE APPS, ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, ATHLEISURE COLLECTIVE ENTITIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, TITLE, ACCURACY, COMPLETENESS, UNINTERRUPTED OR ERROR-FREE SERVICE, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USAGE.
WE MAKE NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIM ALL LIABILITY FOR: (1) PRODUCTS, SERVICES, INFORMATION, PROGRAMMING, AND/OR ANYTHING ELSE PROVIDED BY A THIRD PARTY THAT IS ACCESSIBLE TO YOU THROUGH THE SERVICES; OR (2) THE QUALITY OR CONDUCT OF ANY THIRD PARTY YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE SERVICES.
YOU AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, ATHLEISURE COLLECTIVE ENTITIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ATHLEISURE COLLECTIVE ENTITIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF DATA (EVEN IF FORESEEABLE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE SERVICES.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO CEASE USE OF THE SERVICES.
WITHOUT LIMITING THE FOREGOING, ATHLEISURE COLLECTIVE ENTITIES’ MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICES IS LIMITED TO THE AMOUNT PAID TO US IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSIONS OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. AS A RESULT, THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.
SEVERABILITY AND WAIVER
A failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any of the remaining provisions.
NOTIFICATIONS
We may provide notifications to you as required or permitted by law via email to the primary email address associated with your account, mobile notification, hard copy or posting of such notice on our Services. ATHLEISURE COLLECTIVE is not responsible for any automatic filtering that you or your network provider may apply to such notifications.
INTERPRETATION
In construing or interpreting the Terms of Service, headings are for convenience only, and not to be considered.
CONTACTING US
If you have any questions about the Terms of Service, the Services, the Site, or mobile apps, please contact us at: hello@athleisurecollective.com, by reaching out to us on our contact page here, or calling us at 360-913-0401.