Some services on the Website permit or require you to create an account to participate or to secure additional benefits. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes. You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information. You must notify Aura immediately of any breach of security or unauthorized use of your account. Although Aura will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Aura or others due to such unauthorized use.
You acknowledge that Aura charges fees for the Services, and Aura reserves the right to change its fees from time to time in its sole and absolute discretion.
USE OF WEBSITE
USE OF CONTENT
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content on the website. All information, materials and functions on the Website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and similar content, including Submissions as set forth below (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), and all intellectual property rights therein are owned by or licensed to Aura. The Content 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 Aura. Notwithstanding the foregoing, you have the right to view, electronically copy, and print in hard copy portions of this Website for the sole purpose of making class reservations or other personal use. 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.
You acknowledge and agree that any questions, comments, texts, pitches, suggestions, ideas, artwork, feedback, your and/or other persons’ names or likenesses or other information about the Website or the Services or similar materials that you submit, post, upload, embed, display, communicate or otherwise provide or distribute on or through the Website (“Submissions”) are non-confidential and shall become the sole property of Aura. Aura shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of such information for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby grant us and our licensees, distributors, agents, representatives and other authorized users, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform and otherwise exploit such Submissions, in whole or in part, in all media formats and channels now known or hereafter devised for any and all purposes including entertainment, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity (the “Submissions License”).
“Aura Cycle,” “Aura Yoga,” “Aura Fitness Group,” “Aura,”, “Feel the pulse, Find your Aura,” “CardioBliss,” “HotBliss,” “AuraSpa” and the Aura logo and other graphics, logos, designs, page headers, button icons, scripts and service names are trademarks, trade names or trade dress of Aura in the U.S. and/or other countries for which applications are pending. Aura’s 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 Aura.
The Services may include certain services that may be available via your mobile phone, including but not limited to (i) the ability to book and/or purchase Services via your mobile phone, (ii) the ability to receive and reply to messages, (iii) the ability to browse the Website from your mobile phone and (iv) the ability to access certain Aura features through a mobile application you have downloaded and installed on your mobile phone (collectively the “Mobile Services”). We may or may not charge for these Mobile Services, however, your carrier’s normal messaging, data and other rates and fees will still apply. 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. By using the Mobile Services, you agree that we may communicate with you regarding Aura and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.
LINKS TO THIRD PARTY WEBSITES
Aura makes no representations whatsoever about any other website which you may access through this one. When you access a non-Aura website, even one that may contain the Aura logo, please understand that it is independent from Aura, and that Aura has no control over the content on that website. In addition, a link to a non-Aura website does not mean that Aura endorses or accepts any responsibility for the content, or the use, of such website. It is up to you to take precautions to ensure that whatever you select for your use is free of viruses, worms, rojan horses and other items of a destructive nature.
USE OF AURA STUDIO FACILITIES
To take a class at aura cycle you must first create an account. Once you have created an account you need to login using your username and password and purchase a series (group of classes) and make a reservation. Reservations can be made up to one week in advance but no later than 5 minutes prior to the selected class. Please note that series prices and expiration terms are subject to change. Deadlines apply regardless of available functionality. We accept most major credit cards and cash. Your credit/debit card will be charged for your order when you submit your reservation. Aura will not process reservation charges that use an incorrect, expired, or over-the-limit credit card. We will make our best efforts to contact you if this occurs. If you fail to pay any fees or charges when due, services or privileges may be suspended or terminated. You shall be responsible and liable for any fees, including attorneys’ fees and collection costs, that Aura may incur in its efforts to collect any unpaid balances from you.
In order to cancel an Aura class, you must cancel by 6PM the day prior to your class. Once your bike is cancelled, the class will be returned to your series to be used at a future date; the class is not refunded. If you haven’t cancelled your bike by 6pm the prior day, your scheduled class will be charged to your series. You can cancel your reservation in the following ways: 1) Log into your account and, next to the class you wish to cancel, press “cancel 2) You can also call the studio directly to cancel your class. Aura Cycle (323) 570 0570 Aura Yoga 323 570 0570 Please note that your bike will be released 5 minutes before class if you have not yet checked in. There will be absolutely no admission to a class which has already started as it creates a safety issue and is disruptive to other riders.
ASSUMPTION OF RISK, WAIVER & RELEASE
By signing up for and/or attending classes, events, activities, and other programs and using the premises, facilities and equipment (individually and/or collectively, the “Classes and Facilities”) of Aura Cycle LLC and or Aura Yoga LLC, I hereby acknowledge on behalf of myself, my heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in indoor cycling, and or Yoga, and exercise equipment in association with the Classes and Facilities in addition to the risks associated with loud music and intense flashing lights. I acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. I also acknowledge that the specific risks vary from one activity to another, but range from (1) minor injuries such as scratches, bruises, and sprains; (2) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, seizures and concussions; and (3) catastrophic injuries including paralysis and death. I have read and thoroughly understand the Aura Safety Instructions which are posted on Aura’s the Website auraworkout.com as well as hard copy of which is available at the front desk of our studios. I shall at all times comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given to me by Aura staff. If in the subjective opinion of the Aura staff, I would be at physical risk participating in Aura’s Classes, I understand and agree that I may be denied access to the Classes and Facilities until I furnish Aura with a letter from my doctor specifically addressing Aura’s concerns and stating that Aura’s concerns are unfounded, which letter must be at my sole cost and expense and satisfactory to Aura. In consideration of being allowed to participate in and access the Classes and Facilities, I hereby (1) agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by me in relation to the Classes and Facilities, (2) release, indemnify, and hold harmless Aura, its direct and indirect parent, subsidiary affiliate entities, and each of their respective officers, directors, members, employees, representatives and agents, and each of their respective successors and assigns and all others, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent allowed by law arising out of or in any way related to participation in the Classes or use of the Facilities, and (3) represent that I (a) have no medical or physical condition that would prevent me from properly using any of Aura’s Classes and Facilities, (b) do not have a physical or mental condition that would put me in any physical or medical danger, and (c) have not been instructed by a physician to not participate in physical exercise. I acknowledge that if I have any chronic disabilities or conditions, I am at risk in using Aura’s Classes and Facilities, and should not be participating in any Classes.
NO WARRANTIES YOU AGREE THAT YOUR USE OF THE AURA WEBSITE AND SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, AURA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, LICENSEES AND ASSIGNS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE OR THE SERVICES AND YOUR USE THEREOF. AURA MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR DEATH OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE OR FROM THE CONDUCT OF ANY USERS OF THE AURA SERVICES, WHETHER ONLINE OR OFFLINE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE AURA WEBSITE. AURA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE AURA WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND AURA WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. THE AURA SERVICES ARE PROVIDED “AS-IS” AND AS AVAILABLE AND AURA EXPRESSLY DISCLAIMS ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. AURA CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE AURA SERVICES. LIMITATION OF LIABILITY IN NO EVENT SHALL AURA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, LICENSEES OR ASSIGNS, INCLUDING IN THE EVENT OF THEIR NEGLIGENCE, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE OR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE AURA WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT AURA SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The website is controlled and offered by Aura from its facilities in the United States of America. Aura makes no representations that the Aura website is appropriate or available for use in other locations. Those who access or use the Aura website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
GOVERNING LAW, VENUE
NOTICES AND COMMUNICATION
When you visit Aura or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.