Last Updated: June 12, 2017
Welcome to Rhabit. These Terms of Service (“Terms”) apply to your access to and use of the website, mobile application, content and software associated with our service and all other products and services (collectively, our “Services”) provided by Rhabit, LLC. (“Rhabit,” “Company,” “we,” “us” or “our”). By accessing or using our Services, you agree to these Terms. If you do not agree to these Terms, please do not use these Services. These Terms apply to you whether you are a “Visitor” (which means that you are simply visiting a Rhabit website) or a “Registered User” (which means that you have registered with Rhabit to participate in online activities, paid subscription services and other paid services). The term “User” refers to both a Visitor and a Registered User.
These Terms do not alter in any way the terms or conditions of any other agreement you may have with Rhabit for products, services or otherwise. If you are accessing or using our Services on behalf of another person or entity, you represent and warrant that you are authorized to accept these Terms on such person or entity's behalf, and that such person or entity will be responsible to Rhabit if you violate these Terms.
If you have any question regarding the use of our Services, please contact us.
Subject to these Terms, User will be granted a limited, non-exclusive, revocable and non-transferable license to access the Services. The Services are for your personal and non-commercial use only. Except for the foregoing limited license, no right, title or interest shall be transferred to you. By agreeing to grant such access, Rhabit does not obligate itself to maintain the Services, or to maintain it in its present form. Rhabit may upgrade, modify, change or enhance the Services and convert a User to a new version thereof at any time in its sole discretion and on reasonable prior notice to User (unless the change is of critical business importance or outside Rhabit’s control, in which case Rhabit will explain the reason for the changes as soon as is reasonably practicable).
User agrees to abide by any rules or regulations that Rhabit publishes with respect to conduct of Users and other users of the Services, which rules and regulations are hereby incorporated into these Terms by this reference. The Company reserves the right to deny a User access to the Services if, in the Company’s sole discretion, User has failed to abide by these Terms or appear likely to do so.
User accepts that the Company in its sole discretion may, but has no obligation to, monitor the Services or any portion thereof, and/or to oversee compliance with these Terms.
User promises, acknowledges, and agrees that:
The Services are owned by Rhabit, its licensors or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. No right, title or interest in or to the Services or any portion thereof, is transferred to any User, and all rights not expressly granted herein, are reserved by Rhabit.
The Company name, the Company logo, and all related names, logos, product and service names, designs and slogans, are trademarks of Rhabit or its affiliates or licensors. Users may not use such marks without the prior written permission of Rhabit. All other names, logos, product and service names, designs and slogans of the Services are the trademarks of their respective owners.
Rhabit will use commercially reasonable efforts to enable the Services to be accessible, except for scheduled maintenance and required repairs, and except for any interruption due to causes beyond the reasonable control of, or not reasonably foreseeable by Rhabit, including, but not limited to, any Force Majeure Event. The foregoing shall not apply to any non-conformance caused by use of the Services contrary to the Company's instructions, or modification or alteration of the Services by any party other than the Company.
We continually update the Rhabit Services. In addition, we continually test various aspects of our Services. We reserve the right to, and by using our Services you agree that we may, include you in or exclude you from these tests without notice. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we offer and operate our Services.
User recognizes that the traffic of data through the Internet may cause delays when using the Services and accordingly, it shall not hold Rhabit liable for delays that are ordinary in the course of Internet use. User further acknowledges and accepts that Services will not be available on a continual twenty-four hour basis due to such delays, or delays caused by the Company's upgrading, modification, or standard maintenance of the Services.
SUBSCRIPTION TERM: User may subscribe to the Services for the applicable term of the specific subscription (“Initial Term”) commencing on the date that Rhabit confirms User’s subscription registration (“Effective Date”). Thereafter, the subscription will renew automatically on the corresponding anniversary date (“Renewal Date”) of the Effective Date (each a “Renewal Term”, and collectively with the Initial Term, the “Subscription Term”), until User notifies Rhabit of its intention not to renew prior to the end of the then-current term.
PAYMENT: Users may register for a paid subscription to our Services. By registering for a paid subscription to our Services, you warrant that (1) all information you provided during the registration process is true and accurate, (2) you will not permit third parties to access your account information, or to otherwise assign or transfer your rights to the Services, (3) you or a Parental Guardian are the cardholder of any credit or debit you provide to us and (4) you will provide us with a current, valid and accepted method of payment, currently credit card or debit card (as such may be updated from time to time, the “Payment Method”) throughout the term of your subscription. You are responsible for maintaining the confidentiality of your registration and login information. You are responsible for all charges incurred during your use of our Services, including any charges incurred on your account by other parties.
Recurring charges are billed in advance of service. User authorizes the Company to bill such debit/credit card on the Effective Date (and corresponding Renewal Dates, if appropriate) for the Subscription Fee due for the Subscription Term (and Renewal Term). User also authorizes the Company to bill such debit/credit card for any other charges you may incur in connection with your use of the Services. If, for any reason, User’s credit/debit card company refuses to pay the amount billed for the Services, User agrees that Company may, at its option, suspend or terminate User’s subscription to the Services and require User to pay the overdue amount by other means acceptable to the Company. Rhabit may charge a fee for reinstatement of suspended or terminated accounts. User agrees that until its subscription to the Services is properly terminated, it will continue to accrue charges for which it remains responsible, even if it does not use the Services. In the event legal action is necessary to collect on balances due, User agrees to reimburse Rhabit for all expenses incurred to recover sums due, including attorney fees and other legal expenses. Unless otherwise expressly stated, all payments and fees are stated in United States dollars.
PRICE CHANGES: Rhabit reserves the right to adjust pricing for our Services or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms, any price changes to your service will take effect following email notice to you.
CANCELLATION AND REFUNDS: You may cancel your Rhabit subscription at any time, and you will continue to have access to the Services through the end of the Subscription Term. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL SUBSCRIPTION TERMS OR UNWATCHED RHABIT CONTENT. SUBSCRIPTION PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIAL PERIODS. To cancel, go to the "Manage Account" page on our website, select “View / Update Plan” and follow the instructions for cancellation. If you cancel your subscription, your account will automatically close at the end of your current billing period. If you signed up for Rhabit using your account with a third party as a Payment Method, and wish to cancel your Rhabit subscription at any time, you may need to do so through such third party, including by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from, the Rhabit Services through that third party. You may also find billing information about your Rhabit subscription by visiting your account with the applicable third party.
COACHING SESSIONS, CANCELLATIONS, AND REFUNDS: You may use our Services to schedule and purchase one or more online one-on-one or webinar coaching sessions. Coaching sessions are subject to availability, and we reserve the right to cancel all or part of a coaching session at any time, and to discontinue making certain coaching services available through our Services without prior notice. You will receive a full refund for any whole or partial session that we cancel. Any whole or partial coaching sessions purchased through our Services can be cancelled by you at any time. You will receive a full refund for any coaching session you cancel greater than 24 hours in advance of the scheduled lesson start time. You will be charged the entire cost for the coaching session if you cancel any session within 24 hours of the scheduled lesson start time. You may cancel your coaching session by emailing email@example.com; your coaching session will be officially cancelled and you will be refunded upon confirmation of receipt of your cancellation email.
If you are dissatisfied with a coach or coaching session for any reason, please contact us at firstname.lastname@example.org and we will do our very best to understand and rectify the situation.
TAXES: User is responsible for all applicable sales, use, transfer or other taxes and all duties, whether international, national, state, or local, however designated, which are levied or imposed by reason of the transaction contemplated hereby, excluding, however, income taxes on profits which may be levied against Rhabit.
By creating a Rhabit account, you consent to receive electronic communications from Rhabit (e.g., via email, text message, by posting notices on our Services). These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with Rhabit. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by saving an electronic copy or printing a paper copy. Rhabit may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided in these communications.
MOBILE SERVICES: Rhabit may make certain features of the Services available via your mobile phone. In addition to any charges disclosed to you by Rhabit, your carrier’s normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and their cost. In addition, streaming, downloading, uploading, installing, or using certain features or products may be prohibited or restricted by your carrier. Not all products and features will work with all carriers or devices. Therefore, you should check with your carrier to find out if the product or feature that you are interested in is available for your mobile devices, and what restrictions, if any, may be applicable to your use of such products or features. By using our Services, you agree that we may communicate with you by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the product and feature may be communicated to us.
Our Services may include links to websites or content owned or operated by third parties as well as other third-party content, including advertisements, promotional offers, and other inclusions (collectively, “Third-Party Content”). Rhabit does not own, control or endorse any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content, including, without limitation, regarding its accuracy or completeness. You acknowledge and agree that Rhabit is not responsible or liable in any manner for any Third-Party Content and undertakes no responsibility to update or review any Third-Party Content. You access and use such Third-Party Content at your own risk. The inclusion of Third-Party Content on our Services does not imply affiliation, endorsement or adoption by Rhabit of any information contained therein. In addition, your business dealings or correspondence with, or participation in the promotional offers of, any third party responsible for Third-Party Content, and any terms, conditions, warranties or representations associated with such dealings or promotional offers, are solely between you and such third party. Rhabit is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such Third-Party Content on our Services. When you navigate away from or otherwise leave our Services, you should understand that Rhabit’s Terms no longer govern and that the terms and policies of those third-party sites will now apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site or services to which you navigate to from our Services.
Certain aspects of our Services offers tools, resources and a venue to connect those seeking athletic training with those providing coaching services. Rhabit: (a) does not employ any Users or coaches and has no control over the acts or omissions of any Users or coaches; (b) is not responsible or liable in any manner for the performance or conduct of any Users, coaches or other third parties online or offline; (c) makes no representations or warranties about the quality of the services provided by any coach or about your interactions or dealings with other Users or coaches except as expressly stated on our Services; and (d) does not conduct any kind of identity or background checks except as otherwise expressly stated in these Terms or on or in our Services. Regardless of whether Rhabit screens users or performs a background check, you should exercise caution and perform your own screening before connecting with any other User or coach through our Services, entering into a contract or agreement with any other coach or obtaining any services. Users and coaches transact solely between themselves and Rhabit is not a party to any transactions between users. Rhabit hereby expressly disclaims, and you hereby expressly release Rhabit from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm or damages arising from or related to our Services or your interactions, dealings, or disputes with other Users, coaches, or third-parties, including any acts or omissions of Users or coaches online or offline. All use of our Services is at your sole and exclusive risk.
Furthermore, Rhabit hereby expressly disclaims, and you hereby expressly release Rhabit from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm or damages arising from any violation of the NCAA Constitution, Operating Bylaws or Administrative Bylaws. IF YOU HAVE STARTED CLASSES FOR THE NINTH GRADE, ARE NOT ENROLLED IN A NCAA MEMBER INSTITUTION, AND PLAN TO ENROLL IN A NCAA MEMBER INSTITUTION IN THE FUTURE, DO NOT CONNECT TO, SCHEDULE OR PARTICIPATE IN ANY LIVE SESSION (ONE-ON-ONE, WEBINAR, ETC.) WITH A CURRENT COLLEGE TENNIS COACH. Doing so is prohibited by the NCAA according to the below selected NCAA Bylaws and other NCAA Bylaws not listed below. It is important to familiarize yourself with the below selected NCAA Bylaws and all NCAA Bylaws, Rules and Regulations as failure to do so may result in adverse consequences.
13.11.1 Prohibited Activities. A member institution, on its campus or elsewhere, shall not conduct (or have conducted on its behalf) any physical activity (e.g., practice session or test/tryout) at which one or more prospective student-athletes (as defined in Bylaws 184.108.40.206 and 220.127.116.11) reveal, demonstrate or display their athletics abilities in any sport except as provided in Bylaws 13.11.2 and 13.11.3.
18.104.22.168 Definition of “Prospective Student-Athlete” for Tryout-Rule Purposes—Sports other than Men’s Basketball. In sports other than men’s basketball, for purposes of the tryout rule, the phrase “prospective student-athlete” shall include any individual who has started classes for the ninth grade and is not enrolled in the member institution at the time of the practice or test therein described.
Our Services include interactive areas and features (“Common Areas”) that allow you or other Users to create, post, share or store text, photos, videos and other materials (collectively, “User Content"). In the event you decide to share your User Content with others through our Services or third-party platforms, you understand that this User Content will be viewable by others. You are solely responsible for your User Content and for your use of any Common Areas.
You will not post, upload to, transmit, distribute, store, create or otherwise publish or send through our Services any of the following:
Rhabit does not control, take responsibility for or assume liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage to such User Content. When you participate in Common Areas, you understand that certain User Content you choose to post may be displayed publicly or to select users. You are solely responsible for your use of our Services and the Common Areas and use them at your own risk.
Rhabit claims no ownership or control over any User Content, except as otherwise expressly provided in these Terms or a separate agreement between you and Rhabit. However, if you submit or post User Content to our Services, unless Rhabit indicates otherwise, you grant Rhabit a worldwide, nonexclusive, perpetual, irrevocable, royalty-free, fully-paid up, and sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content in any media format and channel now known or later developed without compensation to you, including in connection with Rhabit’s marketing and promotional activities. You further grant Rhabit and Rhabit’s sublicensees the right to use the name that you submit in connection with User Content, if they choose.
By submitting or posting User Content to our Services, you represent and warrant that: (a) such User Content is non-confidential; (b) you own and control all of the rights to the User Content that you post or you otherwise have all necessary rights to post such User Content on our Services; (c) the User Content is accurate and not misleading or harmful in any manner; and (d) the User Content, and your use and posting thereof in connection with our Services, does not and will not violate these Terms or any applicable law, rule, regulation or third-party right.
Your use of our Services will not violate any law, contract, intellectual property or other third-party right or constitute a tort, and you are solely responsible for your conduct while on our Services. You will not:
Separate and apart from User Content, you can submit questions, comments, feedback, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding our Services or Rhabit (collectively, “Feedback”) to email@example.com. Feedback is non-confidential and will become the sole property of Rhabit. Rhabit will own, and you hereby assign to Rhabit, all right, title, and interest, including all intellectual property rights, in and to such Feedback, and Rhabit will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You agree to execute any documentation required by Rhabit to confirm such assignment to Rhabit.
YOUR USE OF THE RHABIT SERVICES IS AT YOUR SOLE RISK. THE RHABIT SERVICES AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE RHABIT SERVICES, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. RHABIT DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE RHABIT SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. RHABIT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. RHABIT ASSUMES NO OBLIGATION TO ARCHIVE OR OTHERWISE PRESERVE ANY USER PAGES. RHABIT SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, RHABIT READY DEVICES, AND RHABIT SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICES).
TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL RHABIT, OR ITS SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR LICENSORS AND LICENSEES BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU OF RHABIT, AND ITS SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND LICENSORS AND LICENSEES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO RHABIT, IF ANY, FOR ACCESSING THE SERVICES.
To the extent Rhabit has assigned to you an account through the Services or you have obtained an account by registration as a User, you are entirely responsible for maintaining the confidentiality of your account and for all activities that occur under your account. You hereby indemnify, defend and hold Rhabit, its independent contractors, service providers and consultants and its subsidiaries, affiliates, shareholders, directors, officers, employees, agents or licensors (“Rhabit Parties”) harmless from and against any and all claims, damages, liabilities and costs (including reasonable attorneys’ fees) incurred by the Rhabit Parties in connection with any claim arising out of or related to (a) your access to or use of our Services; (b) any User Content or Feedback you provide; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with our Services. You agree to use your best efforts to cooperate with Rhabit in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
You assume all risks when using our Services, including all of the risks associated with interactions with other Users and coaches. You agree to take all necessary precautions when interacting with other Users and coaches.
These Terms and your use of our Services will be governed by and construed in accordance with the laws of the state of Delaware of the United States without regard to the conflict of laws provisions. User agrees and accepts that any legal action or proceeding shall be brought in the federal or state courts for the State of Delaware, and User expressly waives any objection to personal jurisdiction, venue or forum non conveniens. Additionally, in the event of any dispute or claim relating to or arising out of these Terms (including, but not limited to, any claims of breach of contract, tort, infringement), User agrees that all such disputes/claims will be resolved by means of a court trial conducted by the superior or district court in Delaware, and User expressly waives any right it may otherwise have to a jury trial.
We may make changes to these Terms from time to time. If we make changes, we will post the amended Terms to our Services and update the “Last Updated” date above. We may also attempt to notify you by sending an email notification to the address associated with your account or providing notice through our Services. Unless we say otherwise in our notice, the amended Terms will be effective immediately upon posting and your continued access to and use of our Services after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using our Services.
If any provision of these Terms are held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms will remain in full force and effect.
All provisions relating to proprietary rights, payment of fees, confidentiality, User content, disclaimer of warranty, limitation of liability, and indemnification, shall survive the expiration or earlier termination of these Terms.
If Rhabit fails to insist upon strict performance of User’s obligations under any of these terms and conditions, or if Rhabit fails to exercise any of the rights or remedies to which it is entitled under these Terms, this will not constitute a waiver of such rights or remedies and will not relieve User from compliance with such obligations. No waiver by Rhabit of any default will constitute a waiver of any subsequent default, and no waiver by Rhabit of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to User in writing.
User acknowledges that a breach of any confidentiality or proprietary rights provision of these Terms may cause Rhabit irreparable damage, for which the award of damages would not be adequate compensation. Consequently, Rhabit may seek an injunction to prevent User from taking any and all acts in violation of those provisions, which remedy shall be cumulative and not exclusive, and Rhabit may seek the entry of an injunction enjoining any breach or threatened breach of those provisions, in addition to any other relief to which Rhabit may be entitled at law or in equity.
Under California Civil Code Section 1789.3, California users of our Services are entitled to the following consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834-1924, or by telephone at (800) 952-5210.
User acknowledges that the law requires parental consent to collect or use information from a child under 13. If you are a child under 13, please show these Terms to your parent or legal guardian, and do not use the Services without verifiable parental consent pursuant to the Children's Online Privacy Protection Act. If you as the User are a parent or legal guardian of a child under the age of 13, who may access or use the Services, you hereby give your express consent for that child to use the Services, which include all the features and functionality pertaining to your Subscription, including social media/community features. You represent and warrant that you will not allow a child under the age of 13 to use the Services if you do not agree to the provisions of this Section.
No person or entity not a party to these Terms will be deemed to be a third-party beneficiary of these Terms or any provision hereof.