Terms of Use

All customers of AuraCycle, AuraYoga and AuraBody and visitors to auraworkout.com (the “Website”) are subject to our Terms of Use as set forth below (the “Terms of Use”). Please read these Terms of Use carefully before using the Website or any Services as they contain important information regarding your legal rights, remedies and obligations.

Aura’s Terms of Use set forth the legally binding terms for your use of the Services and were developed to ensure that our customers and visitors to our Website are using our facilities, services and the Website (together, the “Services”) with due regard to their rights and the rights of other users, and in conformity with Aura’s standard policies and procedures. By visiting, accessing, browsing and/or using this Website or any of the Services, you acknowledge that you have carefully read, understood, and agree to be bound by these Terms of Use.

If you wish to become a member, you must read these Terms of Use and indicate your acceptance during the registration process. If you do not agree, you may not use this Website or have access to any of the Services and should cease any such use immediately.

We may, in our sole discretion, modify or revise these Terms of Use and policies at any time for any reason, and you agree to be bound by such modifications or revisions. While we may attempt to notify you when major changes are made to these Terms of Use, you should periodically review the most up-to-date version, which will always be posted at www.auraworkout.com/terms. Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits.

TERM

These Terms of Use shall remain in full force and effect while you use the Services or are a Member. You may terminate your membership at any time, for any reason, by following the instructions on the “My Account” page. Aura may terminate your membership, refuse service, terminate accounts or cancel orders at any time, without warning, for any reason whatsoever in Aura’s sole and absolute discretion. If Aura terminates your membership because you have breached these Terms of Use, you may not be entitled to a refund of any unused portion of membership or other fees. These Terms of Use shall survive any termination of membership.

USER ACCOUNTS

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.

FEES

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

Aura hereby grants you permission to access and use the Website as set forth in these Terms of Use, provided that you agree not to distribute in any medium any part of the Website, without Aura’s prior written authorization and you agree not to alter, modify or reverse engineer any part of the website or any of its related technologies. You will otherwise comply with these Terms of Use and all applicable local, national, and international laws and regulations. Aura reserves the right to discontinue any aspect of the Aura website at any time.

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.

SUBMISSIONS

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”).

TRADEMARKS

“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.

AuraCycle logoaurayoga_logoAuraBody logo

 

MOBILE SERVICES

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

 

CLASS RESERVATIONS/CHARGES

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.

CANCELLATION POLICY

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.

INDEMNIFICATION

You are responsible for maintaining the confidentiality of your username(s), password(s), and your account(s), as well as all activities that occur under your account(s). You hereby agree to defend, indemnify and hold harmless Aura, its parent company, Aura Fitness Group LLC, and each of their officers, directors, owners, employees agents, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all claims, damages, obligations, losses, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these terms of use or claims arising from your use of the WDIG Sites and/or your account(s). You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you. This defense and indemnification obligation will survive these Terms of Use and your use of the Aura website.

ABILITY TO ACCEPT TERMS OF USE; MINORS

You affirm that you are either more than 18 years of age, or an emancipated minor, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. Registration of minors (13-18) must be completed in person at one of our studios with a parent or guardian. Minors over the age of 12 who have submitted a participant/registration waiver signed by a parent or guardian may sign up for classes online. If we discover that personal information has been submitted by a minor without a signed participant/registration waiver, we will delete such information promptly. Aura does not seek or share personal information from minors through the Website. In any case, you affirm that you are over the age of 13, as the Aura website is not intended for children under 13. If you are under 13 years of age, then please do not use the Aura website.

ASSIGNMENT

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Aura without restriction.

GOVERNING LAW, VENUE

You agree that: (i) the Website and your use hereof shall be deemed solely based in California; and (ii) the Website shall be deemed a passive website that does not give rise to personal jurisdiction over Aura, either specific or general, in jurisdictions other than California. These Terms of Use shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and Aura that arises in whole or in part from the Aura website shall be decided exclusively by a court of competent jurisdiction located in Los Angeles, California, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of California. ARBITRATION YOU AND AURA AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC SERVICES ON THE SITE IN ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF USE, THE SITE AND/OR THE SERVICE (INCLUDING YOUR VISIT TO OR USE OF THE SITE AND/OR THE SERVICE) SHALL BE FINAL AND BINDING ARBITRATION, except that to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party’s patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the User conduct rules set forth above then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought. Either Aura or you may demand that any dispute between Aura and you about or involving the Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Los Angeles, California, provided that the foregoing shall not prevent Aura from seeking injunctive relief in a court of competent jurisdiction. To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED.

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.

QUESTIONS

Please contact us at: membership@aurapulse.com with any questions regarding these Terms of Use.