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TERMS & CONDITIONS
Last Updated: December 27, 2023
ACCEPTANCE OF OUR TERMS.
The following terms and conditions, (these “Terms”) are entered into by and between you and Pretty Girls Sweat, LLC (d/b/a ‘PRETTY GIRLS SWEAT) (“Pretty Girls Sweat”, “Company “, “we“, “us” or “our“). These Terms govern your (“you” or “your”) access to and use of our website, www.prettygirlssweat.com (the “Site”), membership with PRETTY GIRLS SWEAT (“Membership”), along with any other services offered by us, whether through the Site or otherwise (collectively and together with the Site, the “Services”). Throughout these Terms, you may be referred to as a PGS Sweat Sister.
BEFORE YOU PROCEED, PLEASE READ THESE TERMS OF USE CAREFULLY. THIS AGREEMENT CONTAINS WARRANTY AND LIABILITY DISCLAIMERS. BY USING, ACCESSING, OR LOGGING INTO OUR PLATFORM, OR DOWNLOADING ANY CONTENT THEREON, YOU ACCEPT AND AGREE TO THE TERMS AND CONDITIONS HEREOF WITHOUT ANY MODIFICATIONS, ADDITIONS OR DELETIONS. YOU AGREE TO ABIDE BY AND BE BOUND BY THE TERMS DESCRIBED HEREIN AND BY ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE AS WELL AS ANY ADDITIONAL TERMS AND RESTRICTIONS PRESENTED IN RELATION TO SPECIFIC CONTENT OR A SPECIFIC SERVICE OR FEATURE OFFERED BY PRETTY GIRLS SWEAT (IF YOU DO NOT AGREE TO THE TERMS OF USE CONTAINED IN THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO USE OUR PLATFORM).
Please read these Terms carefully. By accessing, browsing or otherwise using the Services or by clicking to accept or agree to the Terms when this option is made available to you, you (1) acknowledge that you have read and understood these Terms, (2) represent and warrant that you meet all of our eligibility requirements for using the Services as described in these Terms, and (3) accept and agree to be bound by these Terms, including any other terms applicable to the Services that are incorporated herein by reference. If you are using the Services on behalf of an entity, you are agreeing to these Terms for that entity and are representing to us that you have the authority to bind that entity to these Terms (in which case “you” will refer to that entity). If you do not accept these Terms or do not satisfy the eligibility requirements set forth below, you may not access or use the Services. Moreover, by becoming a PGS Sweat Sister, you also expressly acknowledge and agree to our General Terms of Use located at https://www.prettygirlssweat.com/terms-of-use.
ARBITRATION NOTICE.
Except for certain kinds of disputes described in the Dispute Resolution Section, you agree that any disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury (See Dispute Resolution Section below).
PRIVACY POLICY.
Your use of, and participation in, the Services offered by the Company is subject to the terms set forth in our privacy policy located at www.prettygirlssweat.com/privacy-policy (the “Privacy Policy”). Our Privacy Policy details how we collect and use your information. Please review it if you would like to know more about how we collect, use, and treat your information.
CHANGES TO THE TERMS OF USE.
We reserve the right to update and revise these Terms at any time. We’ll make sure to also change the “Last Updated” date at the top of this page so you can tell if these Terms have changed since your last visit. Any such changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. Please review these Terms regularly because once we post any changes, your continued use of the Services constitutes your acceptance of the revised Terms.
PURCHASE OF MEMBERSHIP AND PRODUCTS.
If you purchase a Membership or any Product from the Site, the terms of sale provided in this section apply to you, as well as any other specific rules, usage restrictions, or procedures that we may provide to you in relation to your purchase.
You agree to provide your payment information at the time you purchase or renew your membership or order any Product on the Site. Our payment page is powered by third party payment service providers, PayPal®. The information provided to PayPal® is governed by PayPal respective Terms of Services and Privacy Policies located at https://www.paypal.com/us/legalhub/privacy-full. PRETTY GIRLS SWEAT is not responsible for the performance, acts, or omissions of PayPal®. In the course of your use of the Services, third-party payment service providers may receive and implement updated credit card information from your credit card issuer in order to prevent your membership from being interrupted by an outdated or invalid card. This disbursement of the updated credit card information is provided to third party payment service providers at the sole election of your credit card issuer. Your credit card issuer may give you the right to opt-out of the update service. Should you desire to do so, please contact your credit card issuer. Our obligation to provide the Services only comes into being when we take receipt of your order. You agree not to hold us responsible for banking charges incurred due to payments on your account.
Transfer of Membership to other persons is prohibited.
MEMBERSHIP POLICIES.
PRETTY GIRLS SWEAT is a community of members. In order to become a PGS Sweat Sister, you must subscribe through our Site. PRETTY GIRLS SWEAT is a diverse community open to all.
BILLING CYCLE.
The membership fee for the PRETTY GIRLS SWEAT Services and any other charges you may incur in connection with use of the service, such as taxes and possible transaction fees, will be charged to you on the specific payment date indicated on the Account page. The length of your billing cycle is one (1) year.
CANCELLATION POLICY OR SUSPENSION OF MEMBERSHIP.
PRETTY GIRLS SWEAT’s Membership, cancellation, and suspension policies are made available to all applicants for Membership that have been accepted to PRETTY GIRLS SWEAT. Your PRETTY GIRLS SWEAT Membership will continue and automatically renew until terminated. ALL Memberships are non-refundable during the one year period and by purchasing a membership you are agreeing to this policy. You may select to cancel your membership prior to the expiration of any given one (1) year membership term and you will not be renewed for the next twelve (12) months. Please note that all membership plans require an annual commitment of twelve (12) months (“Minimum Term”). If you do not cancel prior to the expiration of a given twelve (12) month period, you will automatically be renewed for an additional period of twelve (12) months. If you want to cancel prior to the expiration of the Minimum Term, you must send us your notice of cancellation with at least fifteen (15) days advanced notice prior to your renewal date.
CHANGING FEES AND CHARGES.
We may at any time and from time to time, in our sole discretion, change the fees and charges, or add new fees and charges, in relation to any of the Services. This does not pertain to any member on an annual membership plan for the duration of their contract.
NO REFUNDS.
Payments are non-refundable and there are no refunds or credits for partially used membership periods. Following any cancellation, however, you will continue to have access to the Services through the end of your current billing period. At any time, and for any reason, PRETTY GIRLS SWEAT may provide a refund, discount, or other consideration to some or all of our members (“Credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of Credits in one instance does not entitle you to Credits in the future for similar instances, nor does it obligate us to provide Credits in the future, under any circumstance.
CANCELLATIONS BY PRETTY GIRLS SWEAT.
We may suspend or terminate your use of the Services as a result of your fraud or breach of any obligation under these Terms or other related restrictions (including, but not limited to, your Membership Terms and Conditions). Such termination or suspension may be immediate and without notice. A breach of these Terms includes, without limitation, the unauthorized copying, download, repurposing, or reproduction of any content from our Site or the Services.
ACCOUNT; PASSWORDS.
To gain access to the Services, you must create and account (“Account”). When you register for an Account, you will be required to provide us with some information about yourself, such as your name, email address, or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify us at hi@prettygirlssweat.com.
ELIGIBILITY; USER RESTRICTIONS.
We only permit individuals who are at least 18 years old, or the age of majority in your province, territory or country, and can form legally binding contracts with us to use the Services. Individuals under the age of 18, or the applicable age of majority (“Minor”) may utilize the Services only with the consent and support of a parent, legal guardian, or other qualified adults. If you are a parent or guardian and you allow your Minor to use the Services, you agree to be bound by the Minor’s use of the Services and by these Terms. If you are under the age of 18 or the applicable age of majority and do not have the requisite parent or guardian consent, please do not attempt to access or use the Services.
You can only use or receive the Services to the extent the laws of your jurisdiction or the United States do not bar you from doing so. Please make sure these Terms are in compliance with all laws, rules and regulations that apply to you. You are solely responsible for ensuring compliance with the laws of your specific jurisdiction, including the specific laws of your jurisdiction regarding the import, export, or re-export of the Services.
Your use of the Services means you represent and warrant that you meet all eligibility requirements we outline in these Terms. We may still refuse to let certain people access or use the Services. We may also change our eligibility criteria. We may also suspend or terminate your use of the Services as a result of your fraud or breach of any obligation under these Terms. Such termination or suspension may be immediate and without notice.
USE OF THE SERVICES; RESTRICTIONS ON USE.
We may from time to time in our sole discretion develop and provide updates to the Services, change the Services, restrict access to the Services (including to registered users) or withdraw or terminate the Services entirely, and we reserve the right to do so in our sole discretion without notice. Any such updates or changes will be deemed part of the Services and subject to all terms and conditions of these Terms. We will not be liable to you or any third party for any modification, suspension or discontinuance of the Services. In the event of modification or termination, you will still be bound by your obligations under these Terms, including the warranties made by you, and by the disclaimers and limitations of liability.
You may only use the Services as explicitly authorized and in compliance with any policies made available to you within the Services. You will not use such proprietary information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. Without limiting the foregoing, you may not do any of the following while accessing or using the Services: (i) use the Services or solicit members for any revenue generating endeavor, commercial enterprise, or other purpose other than for personal, non-commercial use, without our express written consent; (ii) express or imply that any statements you make are endorsed by PRETTY GIRLS SWEAT; (iii) scrape the Services or use other automated or manual means to take our content without our express prior written consent; (iv) modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form any of the contents of the Services not intended to be so read; take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our or our third party providers’ infrastructure; (v) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (vi) bypass, circumvent, or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services, including without limitation other accounts, computer systems or networks connected to the Services; (vii) run any form of auto-responder or “spam” on the Services; (viii) access or use the Services for any illegal or unauthorized purpose, including to harass, abuse, defame or otherwise infringe or violate the rights of any other party; (ix) or otherwise take any action in violation of these Terms.
INTERNET.
You also acknowledge and agree that your use of the Services requires Internet access and bandwidth and we do not own or control all aspects through which the Services are provided and cannot guarantee the performance of such facilities, equipment and communications lines. The Internet is not a secure network and third parties may be able to intercept, accept, use or corrupt the information you transmit or receive over the Internet. We are not responsible for invalid, erroneous or corrupted data.
DEVICE REQUIREMENTS.
To enjoy the Services via your smartphone or other Device, your Device must satisfy certain system requirements.
END USER LICENSE.
Subject to the terms of this license agreement (“License Agreement”), as set forth in this “End User License Section,” and these other Terms, and your payment of applicable subscription fees, PRETTY GIRLS SWEAT grants you, solely for your personal use, a limited, non-exclusive, nontransferable, and non-sublicensable license to: (i) access and use the Services and (ii) access and view our content, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein.
Except as explicitly authorized by these Terms, you agree not to: (i) copy the site, except as expressly permitted by this license; (ii) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Site; (iii) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Site or any part thereof; (iv) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Site, including any copy thereof; (v) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Site, or any features or functionality of the Site, to any third party for any reason, including by making the Site available on a network where it is capable of being accessed by more than one device at any time; (vi) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Site; or (vii) use the Site in, or in association with, the design, construction, maintenance, or operation of any hazardous environments or systems.
You acknowledge and agree that the Site is provided under license, and not sold, to you. You do not acquire any ownership interest in the Site under this License Agreement, or any other rights thereto other than to use the Site in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this License Agreement. PRETTY GIRLS SWEAT and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Site, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this License Agreement.
By entering this Site, you agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Site in any medium, including without limitation by any automated or non-automated “scraping”; (ii) deciphering, decompiling, disassembling, reverse engineering or otherwise attempting to derive any source code or underlying ideas or algorithms of any part of the Site; (iii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc.; (iv) transmitting spam, chain letters, or other unsolicited email; (v) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Site; (vi) uploading invalid data, viruses, worms, or other software agents through the Site (by breaching this provision you would commit a criminal offence under the Computer Misuse Act 1990); (vii) collecting or harvesting any personally identifiable information, including account names, from the Site; (viii) using the Site for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity, or creating a username that is vulgar or obscene (as determined in the Company’s sole discretion); (x) interfering with the proper working of the Site; (xi) accessing any content on the Site through any technology or means other than those provided or authorized by the Site; or (xii) bypassing the measure we may use to prevent or restrict use or copying of any content or enforce limitations on use of the Site or the content therein.
You acknowledge that when you download, install, or use the Site, PRETTY GIRLS SWEAT may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device and about your use of the Site. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Site or certain of its features or functionality. All information we collect through or in connection with this Site is subject to our Privacy Policy. By downloading, installing, using, and providing information to or through this Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
SOCIAL MEDIA.
The Company will not tolerate certain social media conduct by users of the Site, whether indirectly or directly targeting or relating to PRETTY GIRLS SWEAT, its members, officers, directors, employees, personnel, or agents, including for example: (a) defamatory, malicious, obscene, intimidating, discriminatory, harassing or threatening comments or hate propaganda; (b) calls to violence of any kind or other threats of any kind; or (c) conduct that violates any law or regulation. In the event that PRETTY GIRLS SWEAT feels that you have breached these Terms, PRETTY GIRLS SWEAT reserves all its rights to take further action, including but not limited to: (i) adding, removing, or modifying any content, including comments, (ii) blocking you or any other disruptive users; and (iii) discontinuing any of its social media channels at any time. In the event that you engage in (or direct or influence any person to engage in) any of this prohibited conduct on your social media channels regarding PRETTY GIRLS SWEAT or any of our officers, directors, employees, personnel, agents, policies, services or products or other members, PRETTY GIRLS SWEAT may immediately terminate your Membership or use of this Site and reserves it full legal rights to pursue legal damages against you.
INTELLECTUAL PROPERTY.
Except as otherwise expressly granted to you in these Terms, we reserve and retain all right, title and interest in the Services, including without limitation, all technology and processes, enhancements or modifications thereto, trademarks, service marks, site design, text, video, graphics, logos, images and icons, as well as the arrangement thereof. You acknowledge that the Services contain proprietary content, information and material protected by applicable intellectual property and other laws, including but not limited to copyright and trademark laws, and you agree that, except with our prior written consent or as explicitly provided in these Terms, (1) using the Services does not give you any ownership of any intellectual property rights in our Services or (2) grant you the right to display, modify, reproduce, distribute, create derivative works of, download, store, transmit or otherwise use any of our intellectual property. Any unauthorized use of any content or materials on the Services is strictly prohibited and violates copyright, trademark, and/or other intellectual property laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes.
In particular, audio or video content from PRETTY GIRLS SWEAT not explicitly indicated as downloadable may not be downloaded or copied from the Services. You may not otherwise download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials in the Services. If you make other use of the Services, or the content, code, data or materials thereon, except as otherwise provided, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.
You must not access or use for any commercial purposes any part of the Site, any services, or any materials available through the Site or affiliated with the membership program. You acknowledge and agree that you do not acquire any ownership interest in the Services under these Terms, or any other rights thereto other than to use the Services in accordance with the license granted. Appropriate legal action may be taken for any illegal or unauthorized use of the Services.
To inquire about obtaining authorization to use the materials or content other than as permitted in these Terms, please contact us at HI@PRETTYGIRLSSWEAT.COM
If we believe a user may be infringing upon someone’s intellectual property rights, we may remove the material. If we believe someone is repeatedly infringing, we will terminate that person’s access rights.
If you believe someone has posted on the Services a work that you own without your authorization, let us know. Please send a notice of copyright infringement containing the following to our Designated Agent at hi@prettygirlssweat.com
A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
Identification of works or materials being infringed; identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that we are capable of finding and verifying its existence; your contact information, including address, telephone number and, if available, e-mail address; a statement that you have a valid belief that the material is not authorized by the copyright owner, its agent, or the law; and a statement made under penalty of perjury that the information provided is accurate and you are authorized to make the complaint on behalf of the copyright owner.
IDEAS.
You may choose to or we may invite you to submit comments or ideas about the Site, including without limitation about how to improve the Site or our products (“Ideas”). By submitting any Idea, you agree that your disclosure will not place PRETTY GIRLS SWEAT under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, PRETTY GIRLS SWEAT does not waive any rights to use similar or related ideas previously known to PRETTY GIRLS SWEAT, or developed by its employees, or obtained from sources other than you.
UPDATES.
PRETTY GIRLS SWEAT may from time to time in its sole discretion develop and provide Site updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that PRETTY GIRLS SWEAT has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either:
The Site will automatically download and install all available Updates; or
You may receive notice of or be prompted to download and install available Updates.
You shall promptly download and install all Updates and acknowledge and agree that the Site or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Site and be subject to all terms and conditions of this License Agreement.
LINKS TO THIRD PARTY WEBSITES.
We may provide links to third party websites or services for you to access. You acknowledge that any access is at your sole discretion and for your information only. We do not review or endorse any of those websites or services. Although a third-party website may contain PRETTY GIRLS SWEAT’s logo or other intellectual property elements, please understand that it is independent from PRETTY GIRLS SWEAT and that PRETTY GIRLS SWEAT has no control over the content of that website. These links do not imply endorsement of, sponsorship of, or affiliation with PRETTY GIRLS SWEAT. We are not responsible in any way for: (a) the availability of, (b) the privacy practices of, (c) the content, advertising, products, goods or other materials or resources on or available from, or (d) the use to which others make of these other websites and services. We are also not responsible for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on such websites or services.
THIRD PARTY MATERIALS AND CONTENT.
You understand that the Services may display, include, or make available content, data, information, applications or materials from third parties or provide links to certain third-party web sites (“Third-Party Materials”). In consideration for PRETTY GIRLS SWEAT allowing you to use the Services, you agree that we, our affiliates, and third-party partners may place advertising on the Services.
You acknowledge and agree that the Company is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such third-party Materials. We expressly disclaim any responsibility for all aspects of the third-party Materials and you further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services in connection with any third-party Materials.
Use of any third-party trademarks or third party content on or in connection with the Services does not constitute affiliation with or endorsement of these third parties. Nothing in these Terms grants you any license to third-party trademarks or content, which shall remain the property of their respective owners.
WARRANTY DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNIFICATION; PHOTO WAIVER.
THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND.
WE DO NOT EXCLUDE OR LIMIT IN ANY WAY OUR LIABILITY TO YOU WHERE IT WOULD BE UNLAWFUL TO DO SO. THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS OR SUBCONTRACTORS AND FOR FRAUD OR FRAUDULENT MISREPRESENTATION.
I ATTEST THAT ALL OF THE INFORMATION THAT I HAVE PROVIDED IS ACCURATE AND TRUTHFUL TO THE BEST OF MY KNOWLEDGE. I HEREBY AFFIRM THAT I HAVE MY PHYSICIAN’S APPROVAL, HAVE HAD A PHYSICAL EXAMINATION WITHIN THE LAST 24 MONTHS, AND AM ABLE TO PARTICIPATE IN PHYSICAL ACTIVITY AND DO HEREBY ASSUME ALL RESPONSIBILITY FOR MY PARTICIPATION IN A PRETTY GIRLS SWEAT (“PGS) EVENT OR ON-DEMAND WORKOUT INCLUDING USE OF THE EQUIPMENT AND MACHINERY. I UNDERSTAND THE POTENTIAL RISKS OF PARTICIPATION IN PRETTY GIRLS SWEAT EVENTS/WORKOUTS, INCLUDING, BUT NOT LIMITED TO, HEART ATTACK, STROKE, BODILY INJURIES, AND EVEN DEATH. WHILE PARTICIPATING IN LIVE EVENTS HELD OR SPONSORED BY PGS, CONSISTENT WITH CDC GUIDELINES, PARTICIPANTS ARE ENCOURAGED TO PRACTICE HAND HYGIENE, “SOCIAL DISTANCING,” AND WEAR FACE COVERINGS TO REDUCE THE RISKS OF EXPOSURE TO COVID-19. BECAUSE COVID-19 IS EXTREMELY CONTAGIOUS AND IS SPREAD MAINLY FROM PERSON-TO-PERSON CONTACT, PGS HAS PUT IN PLACE PREVENTATIVE MEASURES TO REDUCE THE SPREAD OF COVID-19. HOWEVER, PGS CANNOT GUARANTEE THAT ITS PARTICIPANTS, VOLUNTEERS, PARTNERS, OR OTHERS IN ATTENDANCE WILL NOT BECOME INFECTED WITH COVID-19. PARTICIPANTS AND VOLUNTEERS AGREE TO SELF-MONITOR FOR SIGNS AND SYMPTOMS OF COVID-19 (SYMPTOMS TYPICALLY INCLUDE FEVER, COUGH, AND SHORTNESS OF BREATH) AND, CONTACT PGS AT HI@PRETTYGIRLSSWEAT.COM IF HE/SHE EXPERIENCES SYMPTOMS OF COVID-19 WITHIN 14 DAYS AFTER PARTICIPATING WITH PGS. I HEREBY ASSUME ALL SUCH RISKS OF INJURY WHICH COULD OCCUR BY MY PARTICIPATION IN THIS MEMBERSHIP AND TO INDEMNIFY PRETTY GIRLS SWEAT, ITS MEMBERS, OWNERS, EMPLOYEES, CONTRACTORS, SPONSORS, ATTORNEYS, AGENTS, SUCCESSORS AND ASSIGNS FROM AND AGAINST ALL LIABILITY WITH RESPECT TO INJURY, LOSS, DEATH OR DAMAGE TO MY PERSON OR PROPERTY IN CONNECTION WITH MY PARTICIPATION. I HEREBY GIVE MY CONSENT TO BE PHOTOGRAPHED AND/OR VIDEOTAPED BY PRETTY GIRLS SWEAT AND ITS AUTHORIZED REPRESENTATIVES AT LIVE OR VIRTUAL EVENTS. I ALSO CONSENT TO THE USE OF MY IDENTITY AND LIKENESS IN PRETTY GIRLS SWEAT’S SOCIAL MEDIA AND PROMOTIONAL MATERIALS, INCLUDING THE USE OF MY LIKENESS FOR PRETTY GIRLS SWEAT’S WEBSITE. IT IS UNDERSTOOD THAT THIS AGREEMENT IS TO BE BINDING ON MYSELF, MY HEIRS, RELATIVES, EXECUTORS, ADMINISTRATORS, AGENTS, ATTORNEYS, INSURERS, AND ASSIGNS SHOULD I SUFFER INJURIES OR DEATH.
ENTIRE AGREEMENT.
These Terms constitute the entire agreement between you and the Company and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written with respect to these Services. Any rights not expressly granted herein are reserved. Each party confirms that it has not relied upon, and shall have no remedy in respect of any agreement, warranty, statement, representation or undertaking unless set out expressly in these Terms.
THIRD PARTIES
A person who is not a party to these Terms shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms.
FORCE MAJEURE.
We take our commitment to customers seriously, and we will do what we can for you. However, sometimes things may come up that are outside of our control. We will not be liable for any failure to perform any of our obligations stated in these Terms if the failure results from a cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation, strikes or other labor disputes (whether or not relating to our workforce), restraints or delays affecting carriers, or our inability or delay in obtaining supplies of adequate or suitable materials.
ASSIGNMENT.
You cannot assign, transfer or sublicense these Terms without first obtaining our consent. We may assign, transfer, or delegate any of our rights and obligations without consent. These Terms do not create any agency, partnership, joint venture, or employment relationship, and neither party has any authority to bind the other in any respect.
WAIVER.
If we do not enforce any part of these Terms, it does not mean we give up the right to later enforce that or any other part of these Terms. In order for any waiver of compliance with these Terms to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
AVAILABILITY OF THE SERVICES.
Although we aim to offer you the best service possible, we make no promise that the Services will meet your requirements and we cannot guarantee that the Services will be fault free. If a fault occurs in our Services, please report it to us at hi@prettygirlssweat.com and we will review your complaint and, where we determine it appropriate to do so, correct the fault. We will not be liable to you if the Services are unavailable from time to time.
Your access to the Services may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or Services. We will restore the Services as soon as we reasonably can.
CONTACT US.
All feedback, comments, requests for technical support and other communications relating to the Services should be directed to: hi@prettygirlssweat.com