Thank you for accepting this agreement for your use of the Rez scheduling service (the “Service”).
 
You should be aware of, and by your use of the Service you agree to, and will be legally bound by, the following:
 
1. You may not use the Service unless you are at least 18 years old.  If you are using the Service for another person, you represent that you are authorized to do so, including that you are authorized to accept our privacy policy on such person’s behalf and provide such person’s personally identifying information, and, if the person is less than 18 years of age, that you are the parent or legal guardian of such person.
 
2. You accept our privacy policy. Our privacy policy is intended to notify you regarding the manner in which Rez will use information provided to the Service that identifies you as an individual, which may include your name, address, telephone number, date of birth or social security number. You accept Rez’s privacy policy, as currently in effect, which is available at www.Rez.com/privacy-policy.  You consent to and authorize Rez’s use of your information in order for Rez to provide the Service. 
 
3. You agree that the facility, coach or other fitness service provider whose class, session or other service you book though the Service (the “Provider”) will be solely responsible and liable for its business and services.  This includes service scheduling, performance or nonperformance of its services, personal injury, billing matters, and any complaint or claim arising out of the Provider’s business or services.  This is the case even if the Service presents information that is not complete or correct.
 
4. If required by Rez, you will make payment of the Provider’s charges directly to Rez.  In that case, you will provide Rez’s payment processor with valid major credit card information and by such credit card the processor will pay the Provider’s charges to you for the booking and the fees to Rez from the Provider to which Rez may be entitled. 
 
5. You agree to limitations on how you use the Service.  In addition to the other terms of this agreement, these include:
 
You will not use the Service in any way that infringes Rez’s or any third party’s copyright, patent, trademark, trade secret or other intellectual property or proprietary rights or rights of publicity or privacy, violates any law, statute, ordinance or regulation, or is defamatory, trade libelous, unlawfully threatening or unlawfully harassing. 
 
You will not copy, modify, adapt, disassemble, decompile, manipulate, reverse engineer or attempt to duplicate or make derivative, competitive or your own works from any confidential or proprietary information of Rez or its third-party service providers or from any portion of the Service.
  
You will have no right or license to use any trademark of Rez or of its third-party service providers.
 
You will not upload or provide any harmful, inaccurate, incomplete, inappropriate or unauthorized information to the Service, interfere with or disrupt the integrity or performance of the Service, attempt to gain unauthorized access to the Service, use the Service other than for the purpose for which the Service is intended
 
You will not, directly or indirectly, do any of the foregoing or assist any third party in doing any of the foregoing.
 
6. You consent to our use of third-party providers of services in connection with the Service and to our sharing your personal information with them.  In order for Rez to provide the Service, Rez uses certain platforms, systems and applications of third parties.  Rez may also work with third parties that provide products, services and information that integrate with the Service, all or some of which will be accessed by you.  You consent to our sharing and communication of your personal information with these third parties, including their accessing, use and processing of your information in order for Rez to provide the Service and for the third parties to provide and market their products, services or information to you.  In addition, you agree that Rez will have no responsibility or liability in connection with any such third-party platforms, systems, applications, products, information, or services. This includes responsibility or liability for the use or security of your information, including any breach of such security or any accidental, unauthorized or unlawful disclosure, misappropriation, destruction, loss, alteration, acquisition, use or access of your information, when controlled by a third party.
 
7. You understand that the Service may experience a security breach. While Rez uses industry standard systems to secure the Service and your data, like any technology, the Service may experience a security intrusion or data breach. So long as Rez uses industry standard systems, you agree that Rez will have no responsibility or liability for the security of your personal data or any other data provided by you to the Service, including any breach of such security or any unauthorized disclosure, misappropriation or unauthorized use or access of any such data.
 
8. You are responsible for activity on your account.  You may access and use the Service only through the username and password provided, and you are responsible for any use of, and activities that occur under, your accounts or password, whether or not you authorized them.
 
9. You may use the Service only in compliance with applicable laws and proprietary rights. You will use the Service in compliance with all applicable laws, all third-party rights (such as copyright and privacy rights), and any policies or requirements of which Rez makes you aware.  You will have no rights of ownership in the Service or Rez’s intellectual property rights. You assign to Rez any rights you may have in any suggestions or ideas related to the Service.
 
10. Rez may suspend or termination your use of the Service.  This includes if you violate this Agreement or other terms and conditions, policies or instructions of Rez relating to the use of the Service or of our third-party service providers.  Rez reserves the right to monitor your use of the Service and to terminate your use of the Service in its reasonable discretion.
 
11. You will be liable if you breach this agreement.  You agree to indemnify, defend and hold harmless Rez and its owners, managers, officers, employees, contractor and representatives from and against any and all Damages (defined below) arising out of any breach of this agreement by you, your use of the Service, or any of your other acts or omissions.  You will be liable for all costs and expenses (including reasonable attorney fees) incurred by Rez in connection with enforcing its rights under this agreement.
 
12. You will have no legal rights against Rez. You agree that in no event will Rez be liable or  responsible to you for, and you waive any rights you may have to, any Damages from Rez, relating to your use of the Service or otherwise. This includes Damages arising out of any failure of the Service to function in any manner, any service-affecting failure of the systems infrastructure, including any of third parties, that results in your inability to use or access all or part of the Service or information, or any loss, compromise or inaccuracy of information, data loss, corruption or inaccuracy, reporting error, security breach, or use of or reliance on the Service or any information therein. “Damages” means any and all losses, claims, obligations, liabilities, actions, suits, proceedings, demands, judgments, payments, costs and expenses (including court costs, amounts paid in settlement, judgments, and reasonable attorney fees and other expenses) and damages of any kind, nature or description whatsoever.
 
13. Rez may make changes to this User Service Agreement from time to time.  When changes are made, Rez will provide you with notice of the changes.  Your continued use of the Service after such notice will constitute your acceptance of the changes.
 
14. Interpretation.  In the event any provision of this agreement is held to be contrary to the law, the remaining provisions of this agreement will remain in full force and effect.  The rights and remedies of Rez under this agreement will be cumulative with and in addition to, not exclusive or in replacement of, any other rights or remedies.  This agreement will be governed by and construed in accordance with the internal laws of the Commonwealth of Pennsylvania, without regard to its principles of conflicts of laws.  You consent and submit to the exclusive, personal jurisdiction of any appropriate federal, state or local court located in Philadelphia County, PA.  In this agreement, “include” (and terms such as “includes” and “including”) will not be construed as a term of limitation but shall be construed as if followed by the words “without limitation” and “Rez” means Rez, LLC.