Welcome to IN2!
These Terms of Service (the “Terms”) govern your use of IN2’s consumer mobile and/or Web application (the “Application”) and provide information about the services provided by IN2, outlined below (the “Services”).
The Services are provided to you by IN2 SAL. These Terms therefore constitute a legal agreement between you and IN2 SAL. So please read them carefully.
1. General Terms:
a) Acceptance of Terms. When you access and/or use the IN2 Application, you agree to be bound by these Terms. If you do not agree to these Terms, please refrain from using the Application.
b) Amendment of Terms. IN2 may amend the Terms from time to time. Unless we provide a delayed effective date, all amendments will be effective upon posting of such updated Terms. Your continued access to or use of the Application after such posting constitutes your consent to be bound by the Terms, as amended.
c) Additional Terms. In addition to these Terms, certain offers, products, services or features may also be subject to additional terms, conditions guidelines or rules which may be posted, communicated or modified by us at any time. Your use of any such offer, product, service or feature is subject to those additional terms and conditions, which are hereby incorporated by reference into the Terms, provided that in the event of any conflict between such additional terms and the Terms, the Terms shall control.
2. IN2 Application:
a) IN2 Services. The Application enables users to reserve, schedule, purchase, access and attend a wide range of fitness, recreational, sports and wellness services such as group and private Classes (the “Class” or “Classes”) and sports pitches (the “Pitch” or “Pitches”) offered and operated by fitness studios, gyms, venues or other third parties who subscribe to our online business management software (the “Business” or "Businesses"). IN2 itself is not a gymnasium, recreation place, health club, facility, fitness studio or similar establishment and does not operate or control any of the Classes that are offered at or through such facilities.
The application also enables you to synchronize any consumer accounts you have previously created with Businesses, so that you may view your history of purchases and visits with those Businesses, use any current series, membership, gift card or account credits you may have with those Businesses, and to renew or purchase additional services.
The Application also enables users to organize various fitness, recreational, leisure and sports activities (the “Activity” or “Activities”), and invite other users to join and participate to such Activities. Such Activities can be public or private. When an Activity is public, any user of the Application can join, however when the Activity is private the user organizing the activity can limit the participation to certain users.
While benefiting from any of the above offered Services, a user can invite friends to join the Application or any Class or activity, track friends’ activities in common and share photos and videos of any Class or Activity.
b) Account Registration. To sign up for the Services, you are required to register for an Account (the “Account”) or log in via Facebook account, and you will be asked to create a password. You must provide accurate and complete information and keep your Account information updated. If you provide any information that is inaccurate, not current or incomplete, or IN2 has reasonable grounds to suspect that such information is inaccurate, not current or incomplete, IN2 may deny you access the Services, and/or terminate your Account, at its sole discretion.
You are solely responsible for all activity that occurs under your account, including any activity by unauthorized users. To use the Services, you must have access to the Internet and will be required to download IN2’s mobile application or use IN2’s web booking app. You are solely responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the Application.
If you register via your Facebook account, you are allowing IN2 to access you Facebook account as permitted under the applicable terms and conditions that govern your use of you Facebook account. You represent that you are entitled to disclose your Facebook account information to IN2, without any breach of the terms and conditions that govern your use of your Facebook account and without imposing on IN2 any obligation to pay any fees imposed by Facebook.
c) Eligibility. You represent and warrant that you are an individual person of at least 18 years of age, or if you are under 18 years of age but are at least 13 years old , that you are using the IN2 Application with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to use the IN2 Application and agree to this Agreement.
The availability of all or part of the Classes and Businesses may be limited based on geographic, age, or other criteria as we may establish from time to time. You understand and agree that we may disallow you from subscribing to IN2 or may terminate your subscription at any time based on these criteria. You further understand that the Classes and Businesses may not be available in every geography.
d) Communications. By providing your information or creating an account, you agree that IN2 may contact you by email, direct mail, telephone or text messages at any of the addresses or phone numbers, as applicable, provided by you or on your behalf in connection with a IN2 Account, including for marketing purposes.
e) App Store. You understand that the availability of the IN2 Application is dependent on the third party from whom you received the IN2 Application license, e.g., the App Store. You acknowledge that this Agreement is between you and IN2 and not with the App Store. It is IN2, not the App Store, that is solely responsible for the IN2 Application, its content, maintenance, support services, and warranty, and for addressing any claims relating thereto. You agree to comply with, and your license to use the IN2 Application is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using the IN2 Application. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of this Agreement and will have the right to enforce them.
3. Booking, Payment Methods and Cancellation Policy:
a) Booking. Businesses offer you different selections of options for Class, appointments or even sport pitch bookings. Some Businesses give you the option to book and pay for one session, or for weekly, monthly or yearly packages. Others only have the option of booking and paying for single session.
You will automatically receive a booking confirmation email as soon as you make a booking or buy a Package.
b) Accepted Payment Methods. IN2 Application allows you to make payments by the methods and currencies accepted and made available by the Businesses. Some Businesses give you the option to book and pay by card instantly or book and pay at the front desk.
Each time you make a card-based payment through the IN2 Application, IN2 directly saves your card token for future use when you make another payment on the IN2 Application. IN2 will store your tokenized payment information safely without requiring you to enter your card details again for future payments. Your token is securely stored, and enables you to make future card-based payment in one-click.
You will automatically receive a receipt email confirming your payment and you can unlink your card from your profile page on the mobile application under “Payment Methods”
c) Cancellation Policy. Every Business and Class has a different cancellation policy. You must carefully read and accept the applicable cancellation policy when booking a Class or package. A link to cancel your class will be provided in the booking confirmation email. If for any reason you are unable to cancel online, the cancellation can also be made by directly contacting the Business. Should the cancellation policy have cancellation fees, you are responsible for paying applicable fees if you do not cancel a Class you had reserved with appropriate notice or do not attend your scheduled Class.
5. Disclosures; Notices and Electronic Communications:
You acknowledge and agree that IN2 may provide disclosures and other notices required by law and other information about your Account to you electronically by posting them on the Application or by emailing the email address listed in your Account. You also agree that electronic disclosures and notices have the same meaning and effect as if we had provided you with paper copies. You are responsible for providing IN2 with your most current e-mail address.
The communications between you and IN2 are through electronic means. For contractual purposes, you (1) consent to receive communications from IN2 in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that IN2 provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing.
6. Rules of Conduct:
IN2 respects the rights of others. And so should you. You therefore agree not to:
IN2 reserves the right to refuse service, terminate accounts, remove or edit content, or bookings in its sole discretion.
7. IN2 Right to Suspend or Terminate:
We may terminate your Account for any reason (with or without notice) at any time, including but not limited to, if you (i) have violated the terms of these Terms, (ii) pose a credit or fraud risk to IN2, or (c) provide any false, incomplete, inaccurate, or misleading information or otherwise engage in fraudulent or illegal conduct on the Application.
8. License Granted to You:
Subject to your compliance with this Agreement, IN2 hereby grants you a personal, limited, non-exclusive, revocable, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the Application on a mobile device that you own or control and to run such copy of the Application solely to find, organize and reserve Services and make purchases from Application in accordance with these Terms. You will not: (a) modify, copy or create any derivative works based on the Application; (b) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share, offer in a service bureau, or otherwise make the Application available to any third party; (c) reverse engineer or decompile any portion of the Application; (d) access or use (or allow a third party to access or use) the Application for competitive analysis or to build any competing products or services; (e) copy any features, functions, integrations, interfaces or graphics of the Application; or (f) otherwise use or exploit the Application in any manner not expressly permitted by these Terms. Furthermore, with respect to any application accessed through or downloaded from the App Store, you will comply with the applicable App Store’s terms and policies. You will be entitled to download updates to the Application, subject to any additional terms made known to you at that time, when IN2 makes these updates available. You may be required to accept updates to the Application in order to continue to use the Application.
You agree to release, indemnify, defend, and hold harmless IN2 and its affiliates and their respective employees, officers, agents, directors, representatives, contractors, licensors, suppliers and service providers (collectively, the “IN2 Parties”) from and against any and all third-party claims asserted against any of them, and all related costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including without limitation reasonable attorneys’ fees) arising out of or relating to: (a) any actual or alleged breach by you of this Agreement; (b) your access to or use of the Application; or (c) any actual or alleged violation by you of the intellectual property, privacy or other rights of third party.
IN2 reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with IN2 in asserting any available defense and doing so will not otherwise excuse your indemnity obligations.
10. User Content:
a) General. The Application provides certain features which enable you and other users to submit, post, and share content, which may include without limitation photos, pictures, videos, data, texts and pictorial works, or any other content submitted by you and other users through the Application ("User Content"). IN2 does not guarantee any anonymity or confidentiality with respect to any User Content, and strongly recommends that you think carefully about what you upload to, share with or make accessible to the Application. You understand and agree that User Content may be made public without any additional notice to or consent by you and you should assume that any person, including any Business, may read or have access to your User Content. IN2 is not responsible for the use or disclosure of any information that you disclose in connection with User Content, including any personal information. User Content only reflect the opinions of the person making the submission. They are not controlled by, and may not reflect the opinion of IN2. You understand that all User Content are the sole responsibility of the person from whom such User Submission originated. This means that you, and not IN2, are entirely responsible for all User Content that you upload, post, e-mail, transmit, or otherwise make available through the Application.
b) Right to Remove or Edit User Content. IN2 makes no representations that it will publish or make available on the Application any User Content, and reserves the right, in its sole discretion, to refuse to allow any User Content on the Application, or to edit or remove any User Submission at any time with or without notice. IN2 may, but is not obligated to, monitor and edit or remove any activity or content, in whole or in part, including but not limited to content that IN2 determines in its sole discretion to violate the standards of this Application. IN2 takes no responsibility and assumes no liability for any User Content.
c) License Granted by You to IN2. You retain all your ownership rights in original aspects of your User Content. By submitting User Content to IN2, you hereby grant IN2 and its affiliates, partners, designees, and assignees of the Application (the "Licensees") a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, distribute, modify, adapt, translate, prepare derivative works of, publicly display, publish, publicly perform, and otherwise exploit your User Content and derivatives thereof in connection with the Application and IN2’s business, for any purpose, including, without limitation, for marketing, promoting, and redistributing part or all of the Application, in any media formats and through any media channels now known or hereafter discovered or developed.
d) User Content Representations and Warranties. You are solely responsible for your own User Content and the consequences of posting, sharing, displaying, publishing them or otherwise making them available. In connection with User Content, you affirm, represent, and warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize IN2 to use all patent, trademark, copyright, or other proprietary rights in and to your User Content to enable inclusion and use of your User Content in the manner contemplated by IN2 and these Terms, and to grant the rights and license set forth above, and (ii) your User Content, IN2’S or any Licensee’s use of such User Content pursuant to these Terms, and IN2’s or any of IN2 Licensee’s exercise of the license rights set forth above, do not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) contain any material that is illegal, threatening, obscene, racist, defamatory, libelous, hateful, pornographic, purposely false or otherwise injurious to third parties, promotional in nature, promotes any illegal activity or harm to groups or individuals, or consists of or contain software, computer viruses, commercial solicitation, political campaigning, chain letters, mass mailings, any form of "spam" or references to illegal activity, malpractice or false advertising; (c) violate any applicable law or regulation or these Terms or; (d) exploits minors; or (e) require obtaining a license from or paying fees or royalties to you or any third party for the exercise of any rights granted in these Terms, including, by way of example and not limitation, the payment of any royalties to any copyright owners, including any royalties to any agency, collection society, or other entity that administers such rights on behalf of others.
e) Inaccurate or Offensive User Content. You understand that when using the Application, you may be exposed to User Content from a variety of sources and that IN2 does not endorse and is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that you may be exposed to User Content that are inaccurate, offensive, indecent, or objectionable. YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST IN2 WITH RESPECT THERETO.
f) User Feedback. If you provide IN2 with any comments, bug reports, feedback, or modifications proposed or suggested by you to the Application("Feedback"), IN2 shall have the right to use such Feedback at its discretion, including, but not limited to the incorporation of such suggested changes into the Application. You hereby grant IN2 a perpetual, irrevocable, nonexclusive license under all rights necessary to incorporate and use your Feedback for any purpose without notice to, consent by or compensation to you or any third party.
g) Infringing or Illegal Activity. In the event of infringing or other illegal activities, we have no obligation to, but reserve the right to terminate access to the Application and remove all content submitted by any persons who are found to be infringers. Any suspected illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies IN2 may have at law or in equity.
11. Intellectual Proprietary Rights and IN2 Content.
a) The IN2 website and mobile applications are owned and operated by IN2 SAL. The content, recordings, visual interfaces, graphics, design, compilation, information, computer code, products, software (including any downloadable software), or any music, images, video, text, services, and all other material or elements of or available through the Application provided by IN2 ("IN2 Content") are protected by the copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for your User Content, all IN2 Content contained on the Application are the copyrighted property of IN2 or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary of IN2 or its affiliates and/or third-party licensors whether registered or unregistered and may not be used in connection with any product or service or in any manner that is likely to cause confusion as to our endorsement, affiliation or sponsorship of any person, product or service. Except as expressly authorized by IN2, you agree not to sell, license, distribute, copy, modify, download, record, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the IN2 Content and may only access the IN2 Content for your personal, non-commercial use. In the event that the IN2 Content are downloaded to your computer or mobile phone, you do not obtain any ownership interest in such IN2 Content. All rights not expressly granted in these Terms are reserved.
b) By installing, copying, or otherwise using the Application or its software, you acknowledge that you have read and understood these Terms, and agree to be bound by its terms and conditions. If you do not agree to (or cannot comply with) these Terms, do not install, copy, or use the Application or IN2 Content.
c) You agree that you will not, for any reason whatsoever, reverse engineer, decompile, disassemble, or otherwise tamper with any security components, usage rules or other protection measures applicable to the Application or IN2 Content. You agree to abide by the rules and policies established from time to time by IN2. Such rules and policies will be applied generally in a nondiscriminatory manner to users of the Application and software, and may include, for example, required or automated updates, modifications, and/or reinstallations of the software and obtaining available patches to address security, interoperability, and/or performance issues.
You agree not to make any use of the IN2 Content that would infringe the copyright therein.
d) The Application and any related software may enable you to obtain, listen to, view, and/or read IN2 Content that may be obtained by you in digital form, and you shall do so solely for your individual, personal, noncommercial entertainment use.
e) You agree not to share your Account with anyone other than yourself nor will you allow anyone other than yourself to access or use any Content accessible on or through the Application, including but not limited to sound recordings and/or musical compositions. You agree that you will not attempt to modify any software or IN2 Content obtained through the Application for any reason whatsoever, including for the purpose of disguising or changing any indications of the ownership or source of the IN2 Content. You further understand that you are not granted any commercial, sale, resale, reproduction, distribution, or promotional use rights for the Content, or any rights for uses that require a synchronization or public performance license with respect to the underlying musical composition and any unauthorized reproduction or distribution of IN2 Content is expressly prohibited and may violate applicable law. You are not permitted to modify, edit or repurpose any IN2 Content.
f) The Application, including all software, Content and other information, materials and products included on or otherwise made available to you through the Services are provided "as-is" and "as available" without warranties of any kind from IN2. To the full extent permissible by applicable law, IN2 disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. IN2 warrants that any software, IN2 Content, information, materials or products included on or otherwise made available to you through the Application are free of viruses or other harmful components.
g) IN2 WILL NOT BE LIABLE FOR ANY INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM THE USE OF THE APPLICATION OR FROM SOFTWARE, CONTENT, INFORMATION, MATERIALS OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE APPLICATION, OR FOR ANY DAMAGES IN EXCESS OF THE AMOUNT PAID FOR THE SPECIFIC ITEM OF CONTENT GIVING RISE TO THE APPLICABLE CLAIM FOR DAMAGES.
You understand and agree that IN2 is not responsible for the services that you purchase through the Application. Third-parties, including the Businesses, provide those services. These third-parties, are responsible for customer service related to those services, including the nature, content and quality of the Class, Activity, and reservation, cancellation, return and refund policies, adjustments, rebates, functionality and warranty, technical support, and issues concerning experiences with a merchant’s personnel, policies, or processes.
The entity issuing your payment card, and not IN2, is responsible for customer service related to your payment card.
13. Third-Party Services and Links.
The Application may include links or access to other products, services and promotion provided by third parties and not IN2 ("Third Party Services"), solely as a convenience to users. IN2 does not endorse any such Third Party Services, or the information, material, products, or services contained on other linked sites or accessible through other Third Party Services. If you decide to access or use these Third Party Services, you will be responsible for reviewing and understanding the terms and conditions associated with these services. You agree that IN2 is not responsible for the performance of these services or the acts or omissions of the entities that provide them. The inclusion of any website link does imply an approval, endorsement, or recommendation by IN2. You agree that you access any such website at your own risk, and that the site is not governed by the terms and conditions contained in these Terms.
YOU AGREE THAT IN2 WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH THIRD PARTIES ON THE APPLICATION.
14. General Disclaimers; No Warranties.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE IN2 APPLICATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND YOUR USE OF THE IN2 APPLICATION IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE IN2 APPLICATION IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM IN2 OR THROUGH THE IN2 APPLICATION WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, IN2, ITS PROCESSORS, ITS PROVIDERS, ITS LICENSORS (AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) DO NOT WARRANT THAT ANY CONTENT OR INFORMATION PROVIDED THROUGH THE IN2 APPLICATION, INCLUDING, WITHOUT LIMITATION, ANY BUSINESS LISTINGS, OR RATINGS, REVIEWS OR METRICS FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE IN2 APPLICATION, IS ACCURATE, RELIABLE OR CORRECT; THAT THE IN2 APPLICATION WILL MEET YOUR REQUIREMENTS; THAT THE IN2 APPLICATION WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE IN2 APPLICATION IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE AND AGREE THAT IN2 IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE IN2 APPLICATION’S INOPERABILITY, UNAVAILABLITY OR SECURITY VULBNERABLES, OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF ANY CONTENT DOWNLOADED OR OTHERWISE MADE AVAILABLE THROUGH USE OF THE IN2 APPLICATION, INCLUIDING, WITHOUT LIMITATION, ANY BUSINESS LISTINGS, RATINGS, REVIEWS OR METRICS FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE IN2 APPLICATION. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE IN2 APPLICATION, OR THE CONTENT OR SERVICES MADE AVILABLE THROUGH THE IN2 APPLICATION SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE IN2 APPLICATION.
IN2 DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE IN2 APPLICATION OR ANY LINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND IN2 WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
15. Waiver and Release.
YOU UNDERSTAND THAT IN2 IS NOT A GYMNASIUM, PLACE OF AMUSEMENT OR RECREATION, HEALTH CLUB, FACILITY, FITNESS STUDIO OR SIMILAR ESTABLISHMENT AND THE CLASSES THEY PROVIDE ARE OPERATED AND DELIVERED BY THE APPLICABLE BUSINESS AND NOT BY IN2. IN2 IS NOT RESPONSIBLE FOR THE QUALITY OF ANY CLASS OR PLACE PROVIDED BY A BUSINESS OR THIRD PARTY (INCLUDING BUT NOT LIMITED TO THE FACILITY, INSTRUCTOR OR CURRICULUM). YOU ARE SOLELY RESPONSIBLE FOR DETERMINING WHETHER THE CLASS OR RECOMMENDATIONS AVAILABLE ON OR THROUGH THE APPLICATION AND/OR CLASSES ARE RIGHT FOR YOU.
YOU UNDERSTAND THAT THERE ARE CERTAIN INHERENT RISKS AND DANGERS IN EXERCISING AND THAT THE CLASSES YOU MAY ATTEND OR PARTICIPATE IN OFFER A RANGE OF ACTIVITY AND INTENSITY LEVELS. BY USING IN2, YOU ACKNOWLEDGE AND AGREE, ON BEHALF OF YOURSELF, YOUR HEIRS, PERSONAL REPRESENTATIVES AND/OR ASSIGNS THAT YOU ARE AWARE OF THESE RISKS WHICH INCLUDE, BUT ARE NOT LIMITED TO, PROPERTY DAMAGE, ILLNESS, LOSS AND BODILY INJURY OR DEATH. YOU ACKNOWLEDGE THAT SOME OF THESE RISKS CANNOT BE ELIMINATED AND YOU SPECIFICALLY ASSUME THE RISK OF INJURY OR HARM.
YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR RESPONSIBILITY TO CONSULT WITH YOUR PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL PRIOR TO USING IN2 AND TO DETERMINE IF AND HOW PARTICIPATING IS APPROPRIATE FOR YOU. DO NOT USE CLASSES OR PARTICIPATE IN ACTIVITIES IF YOUR PHYSICIAN OR HEALTH CARE PROVIDER ADVISES AGAINST IT.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU RELEASE, INDEMNIFY, AND HOLD HARMLESS IN2, ITS PARENT, SUBSIDIARIES OR AFFILIATED ENTITIES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, CONSULTANTS, CONTRACT EMPLOYEES, REPRESENTATIVES AND AGENTS, AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FROM ANY AND ALL RESPONSIBILITY, CLAIMS, ACTIONS, SUITS, PROCEDURES, COSTS, EXPENSES, DAMAGES AND LIABILITIES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR PARTICIPATION IN OR USE OF THE APPLICATION AND/OR ATTENDANCE AT, PARTICIPATION IN, PURCHASE OF AND/OR USE OF ANY CLASS OR ACTIVITY) INCLUDING BUT NOT LIMITED TO WITH RESPECT TO BODILY INJURY, PHYSICAL HARM, LOSS, ILLNESS, DEATH OR PROPERTY DAMAGE.
16. Limitation of Liability and Damages.
YOU UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL IN2, ITS PROCESSORS, ITS SUPPLIERS, OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE APPLICATION. UNDER NO CIRCUMSTANCES WILL IN2 BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE APPLICATION, YOUR IN2 ACCOUNT, OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN2, ITS PROCESSORS, ITS SUPPLIERS, AND ITS LICENSORS ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE APPLICATION; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE APPLlCATION; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE APPLICATION BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE APPLICATION; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
17. Arbitration Agreement:
a. Applicability of Arbitration Agreement. If a dispute of any kind arises with a Business, you agree to resolve that dispute with the applicable Business.
For any dispute that you have with IN2, we will make every reasonable effort to resolve amicably any disagreements that you have with us.
If those efforts fail, you agree that ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND IN2, WILL BE RESOLVED by binding arbitration.
This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement.
b. Governing Law and Forum. These Terms shall be governed by and construed in accordance with the Lebanese law. The conflicts and disputes arising out of these Terms shall be settled by arbitration, in accordance with the Rules of Arbitration of the Lebanese Arbitration and Mediation Centre of the Beirut and Mount-Lebanon Chamber of Commerce, Industry and Agriculture (the “Rules”). The dispute shall be settled by one arbitrator appointed in accordance with said Rules. You and IN2 accept the provisions of the Rules and undertake to abide by them.
The arbitral award shall be final and binding.
c. Location of Arbitration. The Arbitration situs shall be in Beirut.
d. Language. The language of the Arbitration shall be in English.
e. Survival of Arbitration. This Arbitration Agreement will survive the termination of your relationship with IN2.
18. Exclusive Jurisdiction:
If for any reason a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in Lebanese courts located in Beirut.
19. Questions, Complaints, Claims:
If you have any questions, complaints or claims with respect to the IN2 Application, please contact us at [email protected]We will do our best to address your concerns.
20. Entire Agreement.
These Terms and any applicable additional terms, as each may be amended as set forth herein, are the entire agreement between you and IN2 relating to the subject matter herein.