TERMS
Last Updated: February 13, 2024
View previous Terms of Service here.
TERMS OF SERVICE AGREEMENT
PLEASE READ THIS LEGAL DOCUMENT CAREFULLY. Curiouser Products Inc. (dba lululemon Studio) (together with our affiliates, “lululemon Studio,” “we,” or “us”) provides an online fitness community and related products, services, content and features, through the lululemon Studio websites located at lululemonstudio.com, mirror.co, and relevant subdomains (collectively, the “Site”), the interactive-enabled mirror through which our services can be accessed (the “lululemon Studio Mirror”) and associated interactive-enabled exercise equipment (e.g., weights, heart rate monitor, etc.) (collectively the “Devices''), mobile and desktop applications (collectively, the “Application”), and lululemon Studio – operated social media pages (such products, services, content and features, the Site, the Device, the Application and such social media pages, the “lululemon Studio Service”). BY REGISTERING AS A MEMBER OR BY VISITING, BROWSING, PURCHASING FROM, OR USING THE LULULEMON STUDIO SERVICE IN ANY WAY, YOU (AS A “USER”) ACCEPT THIS TERMS OF SERVICE AGREEMENT (THESE “TERMS OF SERVICE”), WHICH FORMS A BINDING AGREEMENT BETWEEN YOU AND LULULEMON STUDIO, AND YOU ACKNOWLEDGE THAT PERSONAL INFORMATION WILL BE COLLECTED, USED AND DISCLOSED AS DESCRIBED IN THESE TERMS AND OUR PRIVACY POLICY. If you do not wish to be bound by the Agreement, you may not access or use any of the lululemon Studio Services.
ANY INDIVIDUAL AGREEING TO BE BOUND BY THESE TERMS OF SERVICE ON BEHALF OF USERS WITHIN THEIR HOUSEHOLD OR SUBSCRIPTION PLAN REPRESENTS THAT SUCH INDIVIDUAL HAS THE AUTHORITY TO BIND SUCH USERS TO THESE TERMS OF SERVICE.
IF YOU SUBSCRIBE TO THE LULULEMON STUDIO SERVICE FOR THE COMMITMENT PERIOD (AS DEFINED IN THE SUBSCRIPTION TERMS AND CONDITIONS BELOW), THEN YOUR SUBSCRIPTION WILL BE AUTOMATICALLY RENEWED IN ACCORDANCE WITH YOUR SELECTED CADENCE (I.E., ON A MONTHLY OR ANNUAL BASIS) AT THE EXPIRATION OF THE COMMITMENT PERIOD AT LULULEMON STUDIO’S THEN-CURRENT SUBSCRIPTION PRICE UNLESS YOU OPT OUT OF THE AUTO-RENEWAL OR DECLINE TO RENEW YOUR SUBSCRIPTION IN ACCORDANCE WITH THE SUBSCRIPTION TERMS AND CONDITIONS BELOW.
PLEASE BE AWARE THAT SECTION 18 OF THE AGREEMENT BELOW CONTAINS PROVISIONS GOVERNING HOW DISPUTES THAT YOU AND LULULEMON STUDIO. HAVE AGAINST EACH OTHER WILL BE RESOLVED, INCLUDING WITHOUT LIMITATION, ANY DISPUTES THAT AROSE OR WERE ASSERTED PRIOR TO THE “DATED” DATE AT THE TOP OF THESE TERMS OF SERVICE. SECTION 18 CONTAINS, AMONG OTHER THINGS, SECTION 18 INCLUDES AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND LULULEMON STUDIO BE RESOLVED BY BINDING AND FINAL ARBITRATION.
UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE WITHIN 30 DAYS: (1) YOU AND LULULEMON STUDIO WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST THE OTHER PARTY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND EACH OF US WAIVES OUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION; AND (2) EACH OF US IS WAIVING OUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.
Certain elements of the lululemon Studio Service may be subject to additional terms and conditions specified from time to time (“Supplemental Terms”), including, but not limited to, the “Subscription Terms and Conditions” found below, and if applicable, a Commercial Agreement (defined below), and your use of those elements of the lululemon Studio Service is subject to those additional terms and conditions. Such Supplemental Terms will either be listed in these Terms of Service or will be presented to you for your acceptance when you sign up to use the supplemental lululemon Studio Service. If the Terms of Service are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such lululemon Studio Service. The Terms of Service, any applicable Supplemental Terms, and any lululemon Studio policies referred to herein are referred to herein as the “Agreement.”
PLEASE NOTE THAT THE AGREEMENT IS SUBJECT TO CHANGE BY LULULEMON STUDIO IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, lululemon Studio will make a new copy of the Terms of Service available at the Site and within the Application and any new Supplemental Terms will be made available from within, or through, the affected lululemon Studio Service. We will also update the “Dated” date at the top of these Terms of Service.
If we make any material changes, we will provide notice of such material changes on the lululemon Studio Service and if you have a Subscription with us (as defined in Section 3), we will also attempt to notify you by sending an email at the last e-mail address you provided to us in your account registration. The updated Agreement will be effective immediately for new users of the lululemon Studio Service (who first begin using the lululemon Studio Service on or after the “Dated” date at the top of these Terms of Service) and will be effective for existing users of the lululemon Studio Service (who used the lululemon Studio Service prior to the “Dated” date at the top of these Terms of Service) upon the earlier of (a) fifteen (15) days after the “Dated” date at the top of these Terms of Service, and (b) your consent to and acceptance of the updated Agreement if lululemon Studio provides a mechanism for your immediate acceptance in a specified manner (such as a click-through acceptance), which lululemon Studio may require before further use of the lululemon Studio Service is permitted. Notwithstanding the foregoing, if you are an existing user and have an active Subscription (defined below), and if you provide written notice to lululemon Studio via email to hello@lululemonstudio.com within such fifteen (15) day period, you may choose to have the previous version of the Terms of Service (referenced at the top of these Terms of Service) continue to apply to the remainder of your existing Subscription term.
If you do not agree to the updated Agreement, and you do not provide lululemon Studio with such written notice within such fifteen (15) day period, you must stop using the lululemon Studio Service. Otherwise, your continued use of any of the lululemon Studio Services after such a fifteen (15) day period constitutes your acceptance of the updated Agreement. PLEASE REGULARLY CHECK THE LULULEMON STUDIO SERVICE TO VIEW THE THEN-CURRENT AGREEMENT. YOU AGREE THAT LULULEMON STUDIO’S CONTINUED PROVISION OF THE LULULEMON STUDIO SERVICE IS ADEQUATE CONSIDERATION FOR THE CHANGES IN THE UPDATED AGREEMENT.
- WHO MAY USE THE LULULEMON STUDIO SERVICE
You must be at least 18 years old (or the age of legal majority in your jurisdiction of residence) to register with and use the lululemon Studio Service. Minors between the ages of 13 and 18 years old that can safely use the lululemon Studio Service may participate in certain aspects of the lululemon Studio Service provided that they do so under their parent’s or legal guardian’s supervision and that such parent or legal guardian agrees to be bound by the Agreement. If you choose to permit a minor under the age of 18 to use the lululemon Studio Service with you (such as by participating in a “Family Fun” or similar class), you acknowledge and agree that you are solely responsible for such minor and must supervise them at all times while using the lululemon Studio Service. You also agree to be fully responsible for the acts and omissions of such minor in connection with the lululemon Studio Service. The lululemon Studio Service, including the lululemon Studio Classes and Music Content contained therein, is intended for and should only be accessed and used in the United States and Canada.
We may, in our sole discretion, refuse to offer the lululemon Studio Service to any person or entity and change the eligibility criteria at any time. You are solely responsible for ensuring that you comply with all applicable laws, rules and regulations related to the Agreement and your use of the lululemon Studio Service, including the lululemon Studio Classes and Music Content contained therein, and the right to access and use the lululemon Studio Service is revoked where the Agreement or use of the lululemon Studio Service is prohibited or conflicts with any applicable law, rule or regulation.
- LICENSE TO AND USE OF THE LULULEMON STUDIO SERVICE
License. Subject to your compliance with the Agreement, during the term of the Agreement, lululemon Studio grants you a limited, non-transferable, non-exclusive, revocable license to access and use the lululemon Studio Service for your own personal, non-commercial use and for no other purpose whatsoever. This license includes the right to view, and if applicable, participate with, content available on the lululemon Studio Service. All live and on-demand classes made available by lululemon Studio (“lululemon Studio Classes”) may be accessed and viewed solely through either the Site, a lululemon Studio Mirror, or Application. Unless you have separately executed a Commercial Agreement with lululemon Studio, this license is personal to you and may not be assigned or sublicensed to anyone else.
Subject to your compliance with the Agreement, lululemon Studio grants you a limited, non-transferable, non-exclusive, revocable license to download, install and use a copy of the Application on a mobile device or computer that you own or control and to run such copy of the Application solely for your own personal, non-commercial use and for no other purpose whatsoever. Furthermore, with respect to any Application accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application (a) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (b) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. Notwithstanding the first sentence of this paragraph, with respect to any Application accessed through or downloaded from the Google Play store (a “Google Play Sourced Application”), you may have additional license rights with respect to use of the Application on a shared basis within your designated family group.
Lululemon Studio may give you the option to temporarily download certain lululemon Studio Classes on certain iOS and Android devices (“Compatible Devices”) so that you can participate in a class while you are offline (“Temporary Downloads”). There may be some limitations, subject to feature and functionality availability, that may change from time to time, including: (i) the maximum number of devices that can store Temporary Downloads; (ii) the maximum number of Temporary Downloads that can be stored across Compatible Devices at any given time; (iii) how long Temporary Downloads will remain available to you; and (iv) geographic and device restrictions on playback.
Music Content. The lululemon Studio Classes may include music, including any related images or marks associated with the music, from third party providers, or may offer you the opportunity to listen to streaming music from third party service providers while viewing content on the lululemon Studio Service (“Music Content”). Music Content incorporated into the lululemon Studio Services by lululemon Studio and its suppliers may only be streamed and accessed as a part of the lululemon Studio Classes in which they are featured for personal and non-commercial use and may not be publicly performed, modified, edited, repurposed, sold, lent, reproduced, distributed, used as promotional materials or otherwise used outside the lululemon Studio Services.
Music Content streamed through the Application may be powered by Feed.fm, Apple Music or other third party providers. There is no affiliation, connection, association or endorsement of the products, goods or services of the copyright owners, featured recording artists, or authors of the sound recordings (or the musical works embodied therein) transmitted through the Feed.fm, Apple Music or other players. The Feed.fm, Apple Music and other third party providers’ Music Content may not be modified, edited, repurposed, sold, lent, reproduced, distributed, or otherwise used outside the lululemon Studio Services.
Updates. You understand that the lululemon Studio Service is evolving. As a result, lululemon Studio may require you to accept updates to the lululemon Studio Service. You acknowledge and agree that lululemon Studio may update lululemon Studio Service with or without notifying you. You may need to update third party software from time to time in order to use the lululemon Studio Service.
Restrictions. Except as expressly permitted in writing by an authorized representative of lululemon Studio, you will not use the lululemon Studio Service, including the lululemon Studio Classes and Music Content contained therein, except as expressly authorized under the Agreement, and you will not reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the lululemon Studio Service in whole or in part, nor will you take any measures to interfere with or damage the lululemon Studio Service, nor will you use the lululemon Studio Service (or any component thereof) to create any product or technology that competes with the lululemon Studio Service (or any component thereof). You will not download or install any third party software or application on the Device that is not expressly permitted by lululemon Studio in writing. All rights not expressly granted by lululemon Studio in the Agreement are reserved.
lululemon Studio Communications. By entering into the Agreement or using the lululemon Studio Service, you agree to receive communications from us, including via e-mail, text message, calls, and push notifications. Communications from us and our affiliated companies may include but are not limited to: operational communications concerning your Subscription or the use of the lululemon Studio Service, updates concerning new and existing features on the lululemon Studio Service, communications concerning new products or services, communications concerning promotions run by us or our third party partners, and news concerning lululemon Studio and industry developments. Standard text messaging charges applied by your cell phone carrier will apply to text messages that we send. IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF. If you consent to receive promotional and marketing texts, you acknowledge and agree to our Messaging Terms & Conditions and agree that texts, calls, or prerecorded messages may be generated by automatic telephone dialing systems. IF YOU WISH TO OPT OUT OF PROMOTIONAL CALLS OR TEXTS, YOU MAY TEXT “STOP”; “END”; “CANCEL”; “UNSUBSCRIBE'' OR “QUIT” FROM THE MOBILE DEVICE RECEIVING THE MESSAGES. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL TEXTS OR CALLS AS A CONDITION OF USING THE LULULEMON STUDIO SERVICE OR RELATED SERVICES. IF YOU WISH TO OPT OUT OF ALL TEXTS OR CALLS FROM US (INCLUDING OPERATIONAL OR TRANSACTIONAL TEXTS OR CALLS), YOU CAN EMAIL US AT HELLO@LULULEMONSTUDIO.COM. YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING ALL TEXTS AND CALLS MAY IMPACT YOUR USE OF THE LULULEMON STUDIO SERVICE OR RELATED SERVICES.
To see how lululemon Studio uses your personal information, see our Privacy Policy.
- REGISTRATION; ACCOUNTS
To access the content and features of the lululemon Studio Service through the lululemon Studio Mirror and/or Application, you must register as a member of the lululemon Studio Service and purchase a subscription (a “Subscription”). Each Subscription is governed by the Subscription Terms and Conditions. Unless you are accessing the Services as a Commercial User, each user of a Subscription shall have a separate log-in and profile on the lululemon Studio Service (each an “Account”). No more than one stream of lululemon Studio Classes is permitted to be accessed by each Account at any time. You must provide complete and accurate registration information to lululemon Studio when signing up for a Subscription and/or an Account and promptly notify us, or update your profile information, if any of your information changes. If you provide any information that is untrue, inaccurate, not current or incomplete, or lululemon Studio has reasonable grounds to suspect that any information you provide is untrue, inaccurate, not current or incomplete, lululemon Studio has the right to suspend or terminate your Subscription and/or Account and refuse any and all current or future use of the lululemon Studio Service (or any portion thereof). You agree not to create an Account or sign up for a Subscription using a false identity or information, or on behalf of someone other than yourself. lululemon Studio reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights. You agree not to sign up for a Subscription, create an Account, or use a lululemon Studio Service if you have been previously banned from any lululemon Studio Service.
Profile Information and Picture. You may not use someone else's name, or any name, location or other public profile information (including your picture) that violates any third party rights or that is offensive, obscene or otherwise objectionable (in lululemon Studio’s sole discretion).
Account Security. You are responsible for all activity that occurs under your Subscription or Account, including any activity by unauthorized users. You agree that you shall monitor your Subscription and Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of the lululemon Studio Service under your Subscription and all associated Accounts, which may include Accounts utilized by minors in accordance with these Terms of Service. You must safeguard the confidentiality of your password and agree not to share your Account login or password with any third party. If you become aware of an unauthorized access to your Account or any other breach of security, we recommend that you immediately change your password and notify us at hello@lululemonstudio.com.
Necessary Equipment and Software. You must provide all equipment and software necessary to connect to the lululemon Studio Service, including but not limited to, a mobile device that is suitable to connect with and use the Application. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the lululemon Studio Service.
- SALE; DELIVERY; INSTALLATION; RELOCATION; REPAIR
Orders. lululemon Studio accepts orders for the lululemon Studio Devices, including the lululemon Studio Mirror, wall mount or stand, fitness equipment, heart rate monitor, apparel, accessories, and other products that we may offer through the lululemon Studio Site (collectively, “Products”). Each part of any order that you submit to lululemon Studio constitutes an offer to purchase. If you do not receive a message from lululemon Studio confirming receipt of your order, please contact lululemon Studio at hello@lululemonstudio.com before re-entering your order. We may send an acknowledgment of receipt of your order and/or proof of purchase information through the lululemon Studio Site or to your email address after your payment has been processed. lululemon Studio’s confirmation of receipt of your order does not constitute lululemon Studio's acceptance of your order. lululemon Studio is only deemed to have accepted your order once the Product(s) you ordered have been shipped. Unless otherwise specified at the time of purchase, you must pay for Products when you place the order. All Products ordered will be delivered to the U.S. shipping address you provide. We are currently unable to ship Products to Alaska or Hawaii. We may cancel or deny an order placed by you at any time and for any lawful reason prior to our delivery of the Product(s), including without limitation if a Product is discontinued or otherwise becomes unavailable, provided that we will refund any fees that you prepaid for those Products. Unfortunately, availability of Products cannot be guaranteed. Please see our Limited Warranty and Return Policy for further information about the Products.
Commercial Use. If you are not purchasing the lululemon Studio Service for use by residents in a single household, and are instead purchasing the lululemon Studio Service on behalf of or for the benefit of a commercial entity and its customers, residents, employees or other users at a single physical location (e.g., a gym, hotel, office, or apartment, condo or similar building) (each a “Commercial User”), you will be deemed and considered a “Commercial Buyer”. If you are a Commercial Buyer, in addition to these Terms of Service, your purchase of the lululemon Studio Service (including the Devices and Subscription) will also be governed by a separate agreement entered into between you and lululemon Studio (the “Commercial Agreement”), please contact us for additional details. The Commercial Agreement may require Commercial Buyers to purchase a commercial subscription, depending on the number of unique Users that may access the lululemon Studio Service the Commercial Buyer has purchased. Each Commercial User will be subject to the terms and conditions of this Agreement, other than the registration and payment requirements, which will be handled by Commercial Buyer unless otherwise stated in the Commercial Agreement. It is Commercial Buyer’s responsibility to ensure Commercial Users are made aware of these terms and conditions, to the extent they are applicable. Users registered through commercial Accounts may be subject to certain restrictions on access to certain promotions and services offered by lululemon Studio or lululemon Studio suppliers, collaborators and affiliates. The Commercial Agreement will prevail over any conflicting terms in these Terms of Service.
Shipping; Delivery. All shipping times shown on the Site are estimates only. Actual delivery dates may vary. Shipping, delivery, repairs, and installation of the Products may be performed by lululemon Studio’s authorized third party logistics partners and technicians (each, an “Authorized Third Party Partner”). If applicable, our Authorized Third Party Partner will reach out to you to schedule a delivery, repair, and/or installation date for your purchased Products. While lululemon Studio will make a good faith effort to deliver the Products, including the Device, in a timely manner, lululemon Studio is not responsible or liable for any delays or failure in such delivery, including without limitation, delays based on weather or other events beyond lululemon Studio’s reasonable control. Your order will be delivered to the delivery address you specify when placing your order. Orders cannot be delivered to PO Box or similar addresses. Please note, lululemon Studio is currently only shipping within the continental United States and select regions in Canada (see lululemon Studio’s Canadian website for more information on services in Canada).
Installation. Any attempt to install the lululemon Studio Mirror creates a potential risk of injury and/or property damage. lululemon Studio recommends that the installation of the lululemon Studio Mirror be performed by an Authorized Third Party Partner and/or in strict accordance with our standard installation instructions detailed in our Installation Overview & Instructions. YOU ACKNOWLEDGE THAT LULULEMON STUDIO SHALL HAVE NO, AND HEREBY DISCLAIMS ALL, LIABILITY OF ANY KIND WITH RESPECT TO THE LULULEMON STUDIO MIRROR BEING USED IN A NON-FIXED MANNER (I.E., NOT MOUNTED ON OR CONNECTED TO A WALL AS SPECIFIED IN LULULEMON STUDIO’S STANDARD INSTALLATION INSTRUCTIONS) OR FOR INSTALLATION OF THE LULULEMON STUDIO MIRROR NOT IN ACCORDANCE WITH THE INSTALLATION OVERVIEW & INSTRUCTIONS.
Relocation. Any attempt to relocate the Device creates a potential risk of injury and/or property damage. If you wish to relocate the Device after its initial installation, we recommend that you use one of lululemon Studio’s Authorized Third Party Partners or such relocation be performed in strict accordance with our standard installation instructions detailed in our Installation Overview & Instructions. You can email us at hello@lululemonstudio.com for a list of and contact information for Authorized Third Party Partners. YOU ACKNOWLEDGE THAT ANY RELOCATION OF THE DEVICE PERFORMED BY ANY AUTHORIZED THIRD PARTY PARTNER IS BETWEEN YOU AND THE AUTHORIZED THIRD PARTY PARTNER, AND NOT LULULEMON STUDIO, AND IS SUBJECT TO YOUR AGREEMENT WITH SUCH AUTHORIZED THIRD PARTY PARTNER (INCLUDING FEES CHARGED BY THEM). Lululemon Studio will not provide any refund or reduction in fees for any Device that is damaged as a result of any relocation after its initial installation.
Repair. Any attempt to repair the Products covered by our Limited Warranty (“Covered Products”) creates a potential risk of injury and property damage. We recommend that all repairs to the Covered Products, whether or not covered by lululemon Studio’s Limited Warranty, be performed by one of lululemon Studio’s Authorized Third Party Partners. For repairs not covered by lululemon Studio’s Limited Warranty, you can email us at hello@lululemonstudio.com for a list of and contact information for Authorized Third Party Partners. YOU ACKNOWLEDGE THAT ANY OUT-OF-WARRANTY REPAIR OF THE COVERED PRODUCTS PERFORMED BY ANY AUTHORIZED THIRD PARTY PARTNER IS SUBJECT TO YOUR AGREEMENT WITH SUCH AUTHORIZED THIRD PARTY PARTNER (INCLUDING FEES CHARGED BY THEM). lululemon Studio will not provide any refund or reduction in fees for any Covered Product that is damaged as a result of any attempted repair by anyone other than lululemon Studio’s Authorized Third Party Partner with respect to an in-warranty repair.
YOU ACKNOWLEDGE AND AGREE THAT YOU, THE APPLICABLE AUTHORIZED THIRD PARTY PARTNER, AND/OR ANY OTHER THIRD PARTY YOU ENGAGE TO ASSIST YOU, AND NOT LULULEMON STUDIO, IS RESPONSIBLE FOR ALL INJURIES, INCLUDING DEATH, TO YOURSELF OR OTHERS, AND ALL DAMAGES TO PROPERTY, INCLUDING THE DEVICE AND OTHER PRODUCTS, OF ANY NATURE CAUSED BY OR RESULTING FROM: (A) THE INSTALLATION OF THE DEVICE; (B) ANY RELOCATION (OR ATTEMPT TO RELOCATE) OF THE DEVICE; (C) AND ANY REPAIR (OR ATTEMPT TO REPAIR) OF THE PRODUCTS.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT NEITHER LULULEMON STUDIO NOR ANY AUTHORIZED THIRD PARTY PARTNER WILL BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DAMAGE ARISING OUT OF THE INSTALLATION, RELOCATION, OR REPAIR OF ANY DEVICE WHERE THE LOCATION AND IDENTITY OF UTILITIES CONCEALED IN OR BEHIND A WALL ARE NOT OPEN AND OBVIOUS, OR ARE NOT OTHERWISE PLAINLY MARKED AND IDENTIFIED.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, LULULEMON STUDIO SHALL HAVE NO, AND HEREBY DISCLAIMS ALL, LIABILITY OF ANY KIND WITH RESPECT TO: (A) THE INSTALLATION OF THE DEVICE; (B) ANY RELOCATION OF (OR ATTEMPT TO RELOCATE) THE DEVICE; AND (C) ANY REPAIR OF (OR ATTEMPT TO REPAIR) THE PRODUCTS. ALL CLAIMS FOR ANY INJURIES OR DAMAGES INCURRED DURING OR AS A RESULT OF THE INSTALLATION, ANY RELOCATION, OR ANY REPAIR OF THE DEVICE AND OTHER PRODUCTS MUST BE BROUGHT BY YOU DIRECTLY AGAINST THE APPLICABLE AUTHORIZED THIRD PARTY PARTNER OR OTHER THIRD PARTY YOU ENGAGE TO ASSIST YOU, AND NOT AGAINST LULULEMON STUDIO.
- FEES AND PAYMENT TERMS
Payment. You agree to pay us, through our payment processor or financing party (as applicable), for all Product and Subscription orders in accordance with the prices and billing and payment terms in effect at the time the order is made. To submit an order for a Product or Subscription, you must provide valid payment information, such as a credit card (Visa, MasterCard or any other issuer accepted by us) or other accepted third-party payment method (e.g., PayPal or Affirm account). By providing your payment information, you agree that lululemon Studio is authorized to invoice your payment method for all fees and other charges as they become due and payable to lululemon Studio hereunder and that no additional notice or consent is required. You agree to immediately notify lululemon Studio of any change in your billing address, debit card, credit card, or other account used for payment.
Taxes. Unless otherwise specified at the time of purchase, all applicable shipping and handling costs, taxes and other charges, if any, are in addition to the prices shown for the Products and Subscriptions on the Site. If any order or payment under the Agreement is subject to Sales Tax in any jurisdiction, you will be responsible for such Sales Tax and lululemon Studio will include the Sales Tax within the schedule of fees owed by you. For purposes of this section, “Sales Tax” shall mean any sales or use tax, and any other tax measured by sales proceeds that is the functional equivalent of a sales tax.
Financing Purchase. If you finance the purchase of your Products, you agree to abide by the terms of your financing agreement with the financing party that governs your purchase. Unless otherwise specified at the time of purchase, if you finance the purchase of Products your Commitment Period (as defined in the Subscription Terms and Conditions) will be equal to the length of the financing. In addition, you agree to supply lululemon Studio with a credit or debit card prior to the end of your Commitment Period or your Subscription will terminate at the end of your Commitment Period.
Bill Inquiries and Refunds. If you believe you have been billed in error for an All Access Subscription or other lululemon Studio Service, please notify us within sixty (60) days of the billing date by contacting us at hello@lululemonstudio.com. Please note, if you believe you have been billed in error for an App Subscription, you may need to separately contact Apple or Google, respectively, depending on your method of purchase. lululemon Studio will not issue refunds or credits after the expiration of this 60-day period, except where required by applicable law or otherwise expressly permitted in our Refund Policy.
Discounts and Promo Codes. We may, in our sole discretion, create discounts and promotional codes that may be redeemed for credit in your Account, or other features or benefits, subject to any additional terms that we establish on a per promotional code basis (“Promo Codes”). Unless stated otherwise, Promo Codes may only be used once per Subscription and User. Only Promo Codes sent to you through official lululemon Studio communications channels are valid. You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold, or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by us; (iii) may be disabled by us at any time for any reason without liability to us; (iv) may only be used pursuant to the specific terms that we establish for such Promo Code; (v) are not redeemable for cash; and (vi) may expire prior to your use.
Subscriptions. Please see the Subscription Terms and Conditions for additional fee and payment terms and conditions relating to your Subscription. In the case of any conflicts between this Section 6 and the Subscription Terms and Conditions regarding your Subscription, the Subscription Terms and Conditions shall prevail.
- TERM AND TERMINATION
Term. The Agreement commences on the date when you accept it (as described in the preamble above), or on the date you first used the lululemon Studio Service if earlier, and remains in full force and effect, as amended from time to time, while you use any of the lululemon Studio Services unless terminated earlier in accordance with the Agreement. lululemon Studio may make available a very limited amount of content or features to non-subscribers from time to time. Such use shall be subject to the terms and conditions of the Agreement. Please see the Subscription Terms and Conditions for additional information regarding your Subscription Term.
Termination for Breach. lululemon Studio may, in lululemon Studio’s sole discretion, suspend, disable, or delete your Subscription and/or Account (or any part thereof) or block or remove any of Your Content (defined below) if lululemon Studio determines, in its sole discretion, that you have violated the Agreement or that your conduct or Your Content would tend to damage lululemon Studio’s reputation or goodwill.
Effect of Termination / Account Deletion. Upon termination of the Agreement, all licenses granted by lululemon Studio and your right to use the lululemon Studio Service will automatically terminate. If your Account is deleted for any reason, Your Content may no longer be available. lululemon Studio will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. For clarity, if you or the Subscription Holder associated with your Account, cancels your Subscription or it is terminated for any other reason, you will lose access to all lululemon Studio Classes, PT Sessions, and any other content or features provided through the lululemon Studio Service. All provisions of the Agreement which by their nature should survive, shall survive termination of this Agreement, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
No Subsequent Registration. If your registration(s) with, or ability to access, the lululemon Studio Service or any other lululemon Studio services or community, is discontinued by lululemon Studio due to your violation of any portion of the Agreement or for conduct otherwise inappropriate for the community, then you agree that you shall not attempt to re-register with or access the lululemon Studio Service or any other lululemon Studio service or community through use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those lululemon Studio Service to which your access has been terminated. In the event that you violate the immediately preceding sentence, lululemon Studio reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.
- SUBMISSIONS; CONTENT
User Content. Any video, image, graphics, photos, text, audio recording, content, materials, information, data, messages, tags, or other materials and works that a user uploads, posts, e-mails, transmits or otherwise makes available (“Makes Available”) through the lululemon Studio Service (“User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. User Content includes, without limitation, any audio or video feed content transmitted through the lululemon Studio Service when your Device camera or microphone is on. This means, and you agree, that you, and not lululemon Studio, are entirely responsible for all User Content you Make Available through the lululemon Studio Service (“Your Content”), and that other users of the lululemon Studio Service, and not lululemon Studio, are similarly responsible for their User Content. You acknowledge that all content, including User Content, Made Available or accessed by you using the lululemon Studio Service is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We make no representations, warranties or guarantees with respect to any content, including without limitation User Content, that you Make Available or access on or through the lululemon Studio Service.
Your Content. You represent that Your Content is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. As between you and lululemon Studio, you own all Your Content. When you Make Available Your Content on or in the lululemon Studio Service, you represent that you own or have the right to use and Make Available Your Content. Please remember that other users may search for, see, hear and use any of Your Content that you submit to any “public” area of the lululemon Studio Service or Make Available using your Device camera or microphone or any other content sharing feature of the lululemon Studio Service. Any of Your Content that you Make Available may not contain nudity, violence, sexually explicit, or offensive subject matter as determined by lululemon Studio in its sole discretion. Before using your Device camera or microphone, you are responsible for telling anyone within range of your Device’s camera or microphone, including members of your household and guests, that they may be seen and heard by lululemon Studio and other users of the lululemon Studio Services. You may not post or submit a photograph of another person, or otherwise Make Available any of Your Content that includes the likeness of or audio or video content including another person without that person’s permission (or, if that person is minor, without the permission of his or her parent or legal guardian). If you permit any minors to be within range of your Device’s camera or microphone while you’re using the Device, you consent on their behalf, to the fullest extent permitted by law, to our use of their likeness and any other information collected through your Device camera or microphone in accordance with this Agreement and our Privacy Policy.
License to Your Content. You grant lululemon Studio a worldwide, non-exclusive, sublicensable (through multiple tiers), transferable, royalty-free, fully-paid license and right (including any moral rights) to use, copy, record transmit, distribute, perform and display (through all media now known or later created), edit, modify, and make derivative works from Your Content for the purposes specified in our Privacy Policy and for operating and providing the lululemon Studio Service, unless you select otherwise in the lululemon Studio Service (e.g. opt not to share photos). In addition, you waive any so-called “moral rights” or rights of privacy or publicity in your User Content. If applicable, you further grant your personal trainers permission to view and use Your Content for purposes relating to your PT Sessions.
Usernames. Notwithstanding anything contained herein to the contrary, by submitting Your Content to any forums, comments, or any other public area on the lululemon Studio Service, you hereby expressly permit lululemon Studio to identify you by your username (which may be a pseudonym) as the contributor of Your Content in any publication in any form, media, or technology now known or later developed in connection with Your Content.
Feedback. If you make suggestions to lululemon Studio or through the lululemon Studio Service about improving or adding new features, products, services, or functionality to the lululemon Studio Service or you otherwise provide feedback or testimonials (collectively, “Feedback”), you grant lululemon Studio a worldwide, perpetual, irrevocable, non-exclusive, sublicensable (through multiple tiers), transferable royalty-free license and right to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner such Feedback without any compensation or other obligation to you. You represent and warrant that you have all rights necessary to submit the Feedback. You agree that submission of any Feedback is at your own risk and that lululemon Studio has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback.
- INTELLECTUAL PROPERTY OWNERSHIP
lululemon Studio Service. Except with respect to Your Content and other User Content, you acknowledge and agree that lululemon Studio and its suppliers own all right, title, and interest in and to the lululemon Studio Service (including but not limited to, any computer code, layouts, designs, user interfaces, themes, objects, characters, character names, dialogue, concepts, artwork, animations, sounds, musical compositions, audiovisual effects, lululemon Studio Classes, methods of operation, moral rights, documentation, and lululemon Studio software). You acknowledge that the lululemon Studio Service contains software and other content that is protected by intellectual property and other proprietary rights, including copyrights, patents, trade secrets, and trademarks, and that these rights are protected and retained by lululemon Studio and its suppliers in all forms, media, and technologies existing now or hereafter developed. All lululemon Studio-generated content, and content provided to lululemon Studio by our partners and licensors, is copyrighted individually and/or as a collective work under the U.S. copyright laws; further, as between you and lululemon Studio, lululemon Studio owns a copyright in the selection, coordination, arrangement and enhancement of all content in the lululemon Studio Service.
Third-Party Content. Our partners or service providers may also have additional proprietary rights in the content that they make available through the lululemon Studio Service. All rights not expressly granted in the Agreement are reserved. Nothing contained on the lululemon Studio Service should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our or our service providers’, suppliers’, or partners’ trade names, trademarks, or other intellectual property without our express prior written consent.
Trademarks. The lululemon Studio name and logos and all affiliated properties, graphics, trademarks, service marks, trade dress, trade names, and designs used on or in connection with the lululemon Studio Service are the exclusive property of lululemon Studio, whether registered or unregistered, and may not be used in connection with any product or service that is not ours, or in any manner that is likely to cause confusion as to our endorsement, affiliation or sponsorship of any person, product, or service. Any other trademarks appearing on the lululemon Studio Service are trademarks of their respective owners and their use is similarly restricted.
- USER CONDUCT
In using the lululemon Studio Service, you must behave in a civil and respectful manner at all times. You may not take any action or Make Available to any part of the lululemon Studio Service any content or materials that:
- Infringes, misappropriates, or otherwise violates any third party's intellectual property, proprietary, privacy, or publicity rights, or any;
- Is sexually explicit content, obscene, or pornography;
- Is threatening, abusive, harassing, hateful, defamatory, discriminatory, incites hatred against any individual or group, libelous, deceptive, fraudulent, invasive to another’s privacy, tortious, offensive, profane, or violent;
- Harms or exploits minors;
- Is unlawful or violent;
- Depicts animal cruelty or violence towards animals;
- Involves commercial activities or sales, such as contests, sweepstakes, barter, or advertising, without lululemon Studio’s prior written consent, or promotes fraudulent schemes, multi-level marketing (MLM) schemes, get rich quick schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-making ventures;
- Constitutes unauthorized or unsolicited advertising, junk, or bulk e-mail;
- Is deceptive, including among other things, by impersonating any person or entity, including any employee or representative of lululemon Studio;
- Interferes with or attempts to interfere with the proper functioning of the lululemon Studio Service or uses the lululemon Studio Service in any way not expressly permitted by the Agreement; or
- Violates or is prohibited by any applicable law.
Additionally, you agree not to attempt to engage in or engage in any potentially harmful acts that are directed against the lululemon Studio Service, including but not limited to violating or attempting to violate any security features of the lululemon Studio Service, using manual or automated software or other means to access, “scrape,” “crawl” or “spider” any pages contained in the lululemon Studio Service, introducing viruses, worms, or similar harmful code into the lululemon Studio Service, or interfering or attempting to interfere with use of the lululemon Studio Service by any other user, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” the lululemon Studio Service.
You may not represent yourself to be an authorized reseller of the lululemon Studio Service, or suggest any endorsement or partnership with lululemon Studio, without our express prior written consent. To protect the intellectual property rights of lululemon Studio and its suppliers, any resale of Products for personal and/or business profit is strictly prohibited (aside from the individual sale of a Device by a consumer who purchased the Device for personal use). lululemon Studio reserves the right to decline any order that lululemon Studio deems to possess characteristics of reselling.
If you plan to use the lululemon Studio Service in connection with any commercial activity (aside from the individual sale of a Device by a consumer who purchased the Device for personal use), you must receive prior consent from lululemon Studio. lululemon Studio reserves the right to request any changes or removal of the Device displayed in any commercial setting (e.g., an auction, showroom, conference, live demonstration, event, etc.).
- INVESTIGATIONS; RESERVATION OF RIGHTS
Although lululemon Studio does not generally monitor user activity occurring in connection with the lululemon Studio Service or User Content, lululemon Studio does reserve the right to monitor all conduct on and content submitted to the lululemon Studio Service and investigate any possible violations of the Agreement or applicable laws or regulations.
lululemon Studio reserves the right to: (a) remove or refuse to post any of Your Content for any or no reason in our sole discretion; (b) take any action with respect to any of Your Content that we deem necessary or appropriate in our sole discretion, including if we believe that such content violates the Agreement, infringes or otherwise violates any intellectual property, proprietary, privacy, or publicity rights of any person or entity, threatens the personal safety of users of the lululemon Studio Service or the public, or could create liability for lululemon Studio; (c) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the lululemon Studio Service; and (e) terminate or suspend your access to all or part of the lululemon Studio Service for any or no reason, including without limitation, any violation of the Agreement.
lululemon Studio is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the lululemon Studio Service, including Your Content, in lululemon Studio’s possession in connection with your use of the lululemon Studio Service, to (i) comply with applicable laws, legal process or governmental request, (ii) enforce the Agreement, (iii) respond to any claims that Your Content violates the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property, or personal safety of lululemon Studio, its users or the public, and all enforcement or other government officials, as lululemon Studio in its sole discretion believes to be necessary or appropriate.
- USER INTERACTIONS, DEALINGS WITH THIRD PARTIES
User Responsibility. You are solely responsible for your interactions with other lululemon Studio Service users and any other party with whom you interact; provided, however, that lululemon Studio reserves the right, but has no obligation, to intercede in disputes between you and such third parties. When interacting with other lululemon Studio users, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other people you don’t know. Your participation, correspondence, or personal or business dealings with any third party found on or through the lululemon Studio Service are solely between you and such third party/parties. You agree that lululemon Studio is not responsible or liable for any loss, damage, injury, or other matters of any sort incurred as the result of such dealings and interactions.
Content Provided by Other Users. The lululemon Studio Service may contain User Content provided by other users. lululemon Studio is not responsible for and does not control User Content. lululemon Studio has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to, User Content. You use all User Content and interact with other users at your own risk.
Third Party Payment Services. lululemon Studio uses Stripe, Inc. and its affiliates as its third party provider for payment services (e.g., card acceptance, merchant settlement, and related services). By buying any lululemon Studio Service, you agree to be bound by Stripe’s Privacy Policy (currently accessible at https://stripe.com/us/privacy) and its Terms of Service (currently accessible at https://stripe.com/us/terms) and hereby consent and authorize lululemon Studio and Stripe to share any information and payment instructions you provide to the minimum extent required to complete your transactions.
App Stores. You acknowledge and agree that the availability of the Application and the lululemon Studio Service is dependent on the third party from whom you received the Application license, e.g., the Apple App Store, the Google Play Store (the “App Store”). You acknowledge that the Agreement is between you and lululemon Studio and not with the App Store. lululemon Studio, not the App Store, is solely responsible for the lululemon Studio Service, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the Application, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Application. You agree to comply with, and your license to use the Application is conditioned upon your compliance with all terms of agreement imposed by the applicable App Store when using the Application. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Agreement and will have the right to enforce it.
Accessing and Downloading the Application from the Apple App Store. The following applies to any App Store Sourced Application accessed through or downloaded from the Apple App Store:
- You acknowledge and agree that (i) the Agreement is concluded between you and lululemon Studio only, and not Apple, and (ii) lululemon Studio, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.
- You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
- In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between lululemon Studio and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of lululemon Studio.
- You and lululemon Studio acknowledge that, as between lululemon Studio and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- You and lululemon Studio acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between lululemon Studio and Apple, lululemon Studio, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Agreement.
- You and lululemon Studio acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Agreement as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
- Without limiting any other terms of the Agreement, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
Third Party Software and Applications. Downloading and/or installing any third party software and/or applications that are not expressly authorized by lululemon Studio on the Device or any lululemon Studio hardware is strictly forbidden; any such downloading or installation is done at your own risk and will void any applicable warranty or support commitments by lululemon Studio.
Third Party Links, Content, and Materials. There may be links on the lululemon Studio Service that let you access a site that is operated by a third party. lululemon Studio will not warn you that you have left the lululemon Studio Service and that you are then subject to the terms and conditions (including privacy policies) of another site or destination. lululemon Studio neither controls nor endorses these sites, nor has, nor will, lululemon Studio review, approve, monitor, warrant, or make any representations with respect to the third party sites, the content that appears on them, or any product, service, promotion, or discount provided in connection with them. You acknowledge that lululemon Studio is not responsible for the legality, accuracy, or inappropriate nature of any content, advertising, products, services, promotions, discounts, or other information or materials on or available from any such third party sites, or any damage or loss caused or alleged to be caused by or in connection with the access or use of such third party sites. You use all links at your own risk. When you leave the lululemon Studio Service, the Agreement and our policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any third party sites and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
Third Party Equipment. From time to time, lululemon Studio may supply you with third-party equipment, including, but not limited to Wi-Fi extenders, Wi-Fi hotspots, and mobile devices. This equipment is supplied as a courtesy to you and lululemon Studio neither controls nor endorses this equipment. lululemon Studio is not responsible for any damage, loss, injury or other matters of any sort incurred or caused or alleged to be incurred or caused by or in connection with the use of such third-party equipment. You use all such equipment at your own risk.
- INDEMNIFICATION
You agree to indemnify, defend, and hold harmless lululemon Studio and our directors, officers, employees, suppliers, other customers, and agents (collectively, the “lululemon Studio Parties”) from and against all claims, damages, losses, and costs (including reasonable attorneys’ fees) that arise from or relate to (i) your use of, or inability to use, the lululemon Studio Service, (ii) Your Content, (iii) your violation of the Agreement, (iv) your violation of any rights of another party, including another user of the lululemon Studio Service, or (v) your violation of any applicable laws, rules, or regulations. lululemon Studio reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with lululemon Studio in asserting any available defenses. This provision does not require you to indemnify any of the lululemon Studio Parties for any unconscionable commercial practice by such lululemon Studio Party or for its fraud, deception, false promise, misrepresentation, or concealment, or suppression or omission of any material fact in connection with the lululemon Studio Service. You agree that the provisions in this section will survive any termination of your Account, Subscription, the Agreement and/or your access to the lululemon Studio Service.
- DISCLAIMER OF WARRANTIES AND CONDITIONS
AS IS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, LULULEMON STUDIO PROVIDES THE LULULEMON STUDIO SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS, AND YOUR USE THE LULULEMON STUDIO SERVICE IS AT YOUR OWN, SOLE RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, PROVIDED BY LULULEMON STUDIO OR A LULULEMON STUDIO INSTRUCTOR OR PERSONAL TRAINER WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. OTHER THAN AS EXPRESSLY PROVIDED IN WRITING BY LULULEMON STUDIO IN CONNECTION WITH YOUR PURCHASE OF A LULULEMON STUDIO PRODUCT (FOR EXAMPLE, THE DEVICE), LULULEMON STUDIO PARTIES EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY OTHER WARRANTY THAT MIGHT ARISE UNDER ANY LAW WITH RESPECT TO THE LULULEMON STUDIO SERVICE. This Section (Disclaimer of Warranties and Conditions) does not affect in any way our Return Policy or Limited Warranty. If for any reason you are not satisfied with a purchase you make on the lululemon Studio Service, please refer to the terms of our Return Policy or Limited Warranty, as applicable.
WITHOUT LIMITING THE FOREGOING, LULULEMON STUDIO MAKES NO REPRESENTATIONS OR WARRANTIES:
- THAT THE LULULEMON STUDIO SERVICE IS OR WILL BE PERMITTED IN YOUR JURISDICTION OR WILL FUNCTION PROPERLY OUTSIDE THE CONTINENTAL U.S. OR SELECT REGIONS IN CANADA;
- THAT THE LULULEMON STUDIO SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
- THAT THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE LULULEMON STUDIO SERVICE OR PRODUCTS WILL BE ACCURATE OR RELIABLE;
- REGARDING THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF THE LULULEMON STUDIO SERVICE OR PRODUCTS; OR
- THAT THE LULULEMON STUDIO SERVICE WILL BE WITHOUT DELAYS, CANCELLATION, OR OTHER DISRUPTIONS.
BETA FEATURES. FROM TIME TO TIME, LULULEMON STUDIO MAY OFFER NEW “BETA” FEATURES OR TOOLS THAT ITS USERS MAY TEST AND EVALUATE. SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EVALUATION PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT LULULEMON STUDIO’S SOLE DISCRETION.
FEATURES, CONTENT AND MEMBER BENEFITS. YOU ACKNOWLEDGE THAT THE LULULEMON STUDIO SERVICES ARE EVOLVING. LULULEMON STUDIO RESERVES THE RIGHT TO MODIFY OR DISCONTINUE CERTAIN FEATURES, CONTENT AND MEMBER BENEFITS OFFERED THROUGH THE LULULEMON STUDIO SERVICE AT LULULEMON STUDIO’S SOLE DISCRETION. THE INCLUSION OF ANY FEATURE, CONTENT OR MEMBER BENEFITS ON THE LULULEMON STUDIO SERVICE AT A PARTICULAR TIME DOES NOT IMPLY OR WARRANT THAT SUCH FEATURES AND CONTENT WILL BE AVAILABLE AT ANY TIME.
PARTNER PROMOTIONS AND CONTENT. LULULEMON STUDIO MAY FROM TIME TO TIME COLLABORATE WITH THIRD PARTIES TO OFFER YOU CERTAIN PRODUCTS, CONTENT, FEATURES, DISCOUNTS AND PROMOTIONS (“PARTNER PROMOTIONS AND CONTENT”). PLEASE READ THE DETAILS OF ANY DISCOUNT OR PROMOTIONAL OFFERS CAREFULLY, AS CERTAIN RESTRICTIONS MAY APPLY. PARTNER PROMOTIONS AND CONTENT MAY OR MAY NOT BE AVAILABLE IN ALL JURISDICTIONS. SUCH COLLABORATIONS AND PARTNER PROMOTIONS AND CONTENT MAY BE MODIFIED OR DISCONTINUED AT LULULEMON STUDIO’S SOLE DISCRETION. THE INCLUSION OF ANY PARTNER PROMOTIONS AND CONTENT AT A PARTICULAR TIME DOES NOT IMPLY OR WARRANT THAT SUCH PARTNER PROMOTIONS AND CONTENT WILL BE AVAILABLE AT ANY TIME.
PRODUCTS. DESCRIPTIONS, IMAGES, REFERENCES, FEATURES, CONTENT, SPECIFICATIONS, PRODUCTS, PRICES, AND AVAILABILITY OF ANY PRODUCTS ARE SUBJECT TO CHANGE WITHOUT NOTICE. OUR CURRENT PRICES CAN BE FOUND ON THE LULULEMON STUDIO SERVICE. WE MAKE REASONABLE EFFORTS TO ACCURATELY DISPLAY THE ATTRIBUTES OF OUR PRODUCTS, INCLUDING THE APPLICABLE COLORS AND SIZES; HOWEVER, THE ACTUAL COLOR AND SIZE YOU SEE WILL DEPEND ON YOUR COMPUTER, AND WE CANNOT GUARANTEE THAT YOUR COMPUTER WILL ACCURATELY DISPLAY SUCH COLORS OR SIZES. THE INCLUSION OF ANY PRODUCTS ON THE LULULEMON STUDIO SERVICE AT A PARTICULAR TIME DOES NOT IMPLY OR WARRANT THAT THESE PRODUCTS WILL BE AVAILABLE AT ANY TIME.
TO THE EXTENT ANY DISCLAIMER OF A WARRANTY IS RESTRICTED OR PROHIBITED BY APPLICABLE LAW, THE APPLICABLE WARRANTY WILL BE LIMITED IN DURATION TO A PERIOD OF 30 DAYS AFTER THE DATE ON WHICH YOU FIRST USED THE LULULEMON STUDIO SERVICE, AND SUCH WARRANTY WILL NOT APPLY AFTER SUCH PERIOD.
- PROFESSIONAL ADVICE DISCLAIMER / MEDICAL DISCLAIMER
Professional Advice Disclaimer. THE LULULEMON STUDIO SERVICE OFFERS HEALTH AND FITNESS INFORMATION AND IS DESIGNED FOR EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY. YOU SHOULD CONSULT YOUR PHYSICIAN BEFORE BEGINNING A NEW FITNESS PROGRAM. YOU SHOULD NOT RELY ON INFORMATION OR TRAINING PROGRAMS AVAILABLE IN OR VIA THE LULULEMON STUDIO SERVICE, INCLUDING INFORMATION AND PROGRAMS TAILORED SPECIFICALLY FOR YOU, AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTHCARE PROFESSIONAL. DO NOT DISREGARD, AVOID, OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTHCARE PROFESSIONAL BECAUSE OF INFORMATION AVAILABLE ON THE LULULEMON STUDIO SERVICE OR COMMUNICATED TO YOU THROUGH THE LULULEMON STUDIO SERVICE. THE USE OF INFORMATION PROVIDED THROUGH THE LULULEMON STUDIO SERVICE IS SOLELY AT YOUR OWN RISK.
NOTHING STATED OR POSTED ON THE LULULEMON STUDIO SERVICE OR AVAILABLE THROUGH THE LULULEMON STUDIO SERVICE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THE AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. THE LULULEMON STUDIO SERVICE IS CONTINUALLY UNDER DEVELOPMENT AND LULULEMON STUDIO MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT THE HEALTH, FITNESS AND NUTRITIONAL ADVICE THAT APPEARS ON THE LULULEMON STUDIO SERVICE. NO ASSURANCE CAN BE GIVEN THAT THE ADVICE CONTAINED IN THE LULULEMON STUDIO SERVICE WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.
Medical Disclaimer. In using the lululemon Studio Service, you affirm that either your physician has approved your use of the lululemon Studio Service or that all of the following statements are true: (i) no physician has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician; (ii) you have never felt chest pain when engaging in physical activity; (iii) you have not experienced chest pain when not engaged in physical activity at any time within the past month; (iv) you have never lost your balance because of dizziness and you have never lost consciousness as a result of exertion; (v) you do not have a bone or joint problem that could be made worse by a change in your physical activity; (vi) your physician is not currently prescribing drugs for your blood pressure or heart condition; (vii) you do not have a history of high blood pressure; and (viii) you do not know of any other reason you should not exercise. You are responsible for providing accurate information and disclosing any health or medical issues. All PT Sessions are tailored based on the information you provide.
lululemon Studio may refuse or cancel your membership or deny you access to a lululemon Studio Service if we determine that you have certain medical conditions or that the representations set forth above are untrue in any respect.
- LIMITATION OF LIABILITY
DISCLAIMER OF CERTAIN DAMAGES. YOU UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE LULULEMON STUDIO PARTIES WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, BUSINESS OR OTHER INTANGIBLE LOSSES OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, IN EACH CASE WHETHER OR NOT LULULEMON STUDIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT OR THE LULULEMON STUDIO SERVICE, INCLUDING ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE LULULEMON STUDIO SERVICE, ON ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.
CAP ON LIABILITY. YOU UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE LULULEMON STUDIO PARTIES’ LIABILITY TO YOU OR ANY OTHER PARTY ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT OR THE LULULEMON STUDIO SERVICE, INCLUDING ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS, WILL NOT EXCEED, IN THE AGGREGATE (FOR ALL CLAIMS), THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO LULULEMON STUDIO OVER THE THREE (3) MONTHS PRECEDING THE DATE YOUR FIRST CLAIM AROSE.
USER CONTENT. EXCEPT FOR LULULEMON STUDIO’S OBLIGATIONS TO PROTECT YOUR PERSONAL DATA AS SET FORTH IN THE LULULEMON STUDIO’S PRIVACY POLICY, LULULEMON STUDIO ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY, OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR CONTENT AND ANY OTHER USER CONTENT), USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.
EXCLUSION OF DAMAGES; BASIS OF THE BARGAIN. IF YOU LIVE IN A JURISDICTION THAT DOES NOT ALLOW CERTAIN EXCLUSIONS OR LIMITATIONS OF LIABILITY, THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT THAT ANY ASPECT OF THE LIMITATIONS SET FORTH ABOVE DOES NOT APPLY, ALL REMAINING ASPECTS SURVIVE. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN LULULEMON STUDIO AND YOU.
- COPYRIGHT / DMCA POLICY
lululemon Studio respects the intellectual property of others, and we ask our users to do the same. Each user is responsible for ensuring that their User Content does not infringe or misappropriate any third party copyright or other intellectual property rights.
It is lululemon Studio’s policy to terminate membership privileges of any user who repeatedly infringes copyright upon prompt notification to lululemon Studio by the copyright owner or the copyright owner’s legal agent.
Filing a DMCA Notice to Remove Copyrighted Content - for copyright owners and legal agents. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent with a written notice containing the following information:
- Your name, address, telephone number, and email address.
- A description of the copyrighted work that you claim has been infringed.
- A description of where on the lululemon Studio Site the material that you claim is infringing may be found, sufficient for lululemon Studio to locate the material (e.g., the URL).
- A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law.
- A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
- Your electronic or physical signature.
You may submit this information, or any counter notice, to lululemon Studio’s Copyright Agent via:
- Email, with the subject line “DMCA Notices” to: legal@lululemonstudio.com
- Offline: Curiouser Products Inc. / 1818 Cornwall Ave / Vancouver, BC V6J 1C7 / Attn: Legal
lululemon Studio may disclose any communications concerning DMCA notices or other intellectual property complaints with third parties, including the users who have posted the allegedly infringing material.
If you have questions about the legal requirements of a DMCA notice, please contact an attorney or see Section 512(c)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(c)(3), for more information. If you have questions about the legal requirements of a DMCA counter-notification, please contact an attorney or see Section 512(g)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(g)(3), for more information.
- ARBITRATION CLAUSE & CLASS ACTION WAIVER
Please read the following arbitration agreement in this section (“Arbitration Agreement”) carefully. It requires that you and lululemon Studio arbitrate disputes against one another.
Dispute Resolution: PLEASE BE AWARE THAT THIS SECTION 18 CONTAINS PROVISIONS GOVERNING HOW DISPUTES THAT YOU AND LULULEMON STUDIO HAVE AGAINST EACH OTHER WILL BE RESOLVED. AMONG OTHER THINGS, THIS SECTION 18 INCLUDES AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND LULULEMON STUDIO BE RESOLVED BY BINDING AND FINAL ARBITRATION. THIS SECTION 18 ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER. PLEASE READ THIS SECTION 18 CAREFULLY.
- Applicability of Arbitration Agreement. Subject to the terms of this Arbitration Agreement, you and lululemon Studio agree that any dispute, claim, or disagreement arising out of or relating in any way to your access to or use of the lululemon Studio Service, any communications you receive, any products sold or distributed through the lululemon Studio Service, or the Agreement, including claims and disputes that arose between us before the “Dated” date at the top of these Terms of Service (each, a “Dispute”) will be resolved by binding arbitration, rather than in court, except that: (1) you and lululemon Studio may assert claims or seek relief in small claims court if such claims qualify and remain in small claims court; and (2) you or lululemon Studio may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). For purposes of this Arbitration Agreement, “Dispute” will also include disputes that arose or involve facts occurring before the existence of this or any prior versions of the Agreement as well as claims that may arise after the termination of the Agreement.
- Informal Dispute Resolution. There may be instances when a Dispute arises between you and lululemon Studio. If that occurs, lululemon Studio is committed to working with you to reach a reasonable resolution. You and lululemon Studio agree that good faith informal efforts to resolve Disputes can result in a prompt, low‐cost and mutually beneficial outcome. You and lululemon Studio therefore agree that before either party commences arbitration against the other (or initiates an action in small claims court if a party so elects), we will personally meet and confer telephonically or via videoconference, in a good faith effort to resolve informally any Dispute covered by this Arbitration Agreement (“Informal Dispute Resolution Conference”). If you are represented by counsel, your counsel may participate in the conference, but you also agree to participate in the conference.
The party initiating a Dispute must give notice to the other party in writing of its intent to initiate an Informal Dispute Resolution Conference (“Notice”), which shall occur within 45 days after the other party receives such Notice, unless an extension is mutually agreed upon by the parties in writing. Notice to lululemon Studio that you intend to initiate an Informal Dispute Resolution Conference should be sent by email to legal@lululemonstudio.com or regular mail to our offices located at Curiouser Products Inc., 1818 Cornwall Ave Vancouver, BC V6J 1C7. The Notice must include: (1) your name, telephone number, mailing address, e‐mail address associated with your account (if you have one); (2) the name, telephone number, mailing address and e‐mail address of your counsel, if any; and (3) a description of your Dispute.
The Informal Dispute Resolution Conference shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms represents multiple users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree. In the time between a party receiving the Notice and the Informal Dispute Resolution Conference, nothing in this Arbitration Agreement shall prohibit the parties from engaging in informal communications to resolve the initiating party’s Dispute. Engaging in the Informal Dispute Resolution Conference is a condition precedent and requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the Informal Dispute Resolution Conference process required by this section.
- Waiver of Jury Trial. YOU AND lululemon Studio HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and lululemon Studio are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in the subsection entitled “Applicability of Arbitration Agreement” above. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
- Waiver of Class and Other Non-Individualized Relief. YOU AND LULULEMON STUDIO AGREE THAT, EXCEPT AS SPECIFIED IN SUBSECTION 18(i) (BATCH ARBITRATION), EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party's individual claim. Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under the subsection 18(i) (Batch Arbitration) entitled “Batch Arbitration.” Notwithstanding anything to the contrary in this Arbitration Agreement, if a court decides by means of a final decision, not subject to any further appeal or recourse, that the limitations of this subsection, “Waiver of Class and Other Non-Individualized Relief,” are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and lululemon Studio agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the state or federal courts located in New York County in the State of New York. All other Disputes shall be arbitrated or litigated in small claims court. This subsection does not prevent you or lululemon Studio from participating in a class-wide settlement of claims.
- Rules and Forum. The Agreement evidences a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement and any arbitration proceedings. If the Informal Dispute Resolution Process described above does not resolve satisfactorily within sixty (60) days after receipt of Notice, you and lululemon Studio agree that either party shall have the right to finally resolve the Dispute through binding arbitration. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims, counterclaims, or request for relief under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other disputes shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. Your responsibility to pay any JAMS fees and costs will be solely as set forth in the applicable JAMS rules.
A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the “Request”). The Request must include: (1) the name, telephone number, mailing address, e‐mail address of the party seeking arbitration and the account username (if applicable) as well as the email address associated with any applicable account; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good‐faith calculation of the amount in controversy in United States Dollars; (4) a statement certifying completion of the Informal Dispute Resolution process as described above; and (5) evidence that the requesting party has paid any necessary filing fees in connection with such arbitration.
If the party requesting arbitration is represented by counsel, the Request shall also include counsel’s name, telephone number, mailing address, and email address. Such counsel must also sign the Request. By signing the Request, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that: (1) the Request is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery.
Unless you and otherwise agree, or the Batch Arbitration process discussed in subsection 18(i) (Batch Arbitration) is triggered, the arbitration will be conducted in the county where you reside. Subject to the applicable JAMS rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of the arbitration.
You and lululemon Studio agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties’ attorneys, accountants, or business advisors, and then subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential.
- Arbitrator. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of New York and will be selected by the parties from the JAMS roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within thirty-five (35) days of delivery of the Request, then JAMS will appoint the arbitrator in accordance with the applicable JAMS rules, provided that if the Batch Arbitration process under subsection 18(i) (Batch Arbitration) is triggered, JAMS will appoint the arbitrator for each batch.
- Authority of Arbitrator. The arbitrator shall have exclusive authority to resolve any Dispute, including, without limitation, disputes arising out of or related to the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement, except for the following: (1) all Disputes arising out of or relating to the subsection entitled “Waiver of Class and Other Non-Individualized Relief,” including any claim that all or part of the subsection entitled “Waiver of Class and Other Non-Individualized Relief” is unenforceable, illegal, void or voidable, or that such subsection entitled “Waiver of Class and Other Non-Individualized Relief” has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator; (2) except as expressly contemplated in the subsection entitled “Batch Arbitration,” all Disputes about the payment of arbitration fees shall be decided only by a court of competent jurisdiction and not by an arbitrator; (3) all Disputes about whether either party has satisfied any condition precedent to arbitration shall be decided only by a court of competent jurisdiction and not by an arbitrator; and (4) all Disputes about which version of the Arbitration Agreement applies shall be decided only by a court of competent jurisdiction and not by an arbitrator. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties, except as expressly provided in the subsection entitled “Batch Arbitration.” The arbitrator shall have the authority to grant motions dispositive of all or part of any Dispute. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award of the arbitrator is final and binding upon you and us. Judgment on the arbitration award may be entered in any court having jurisdiction.
- Attorneys’ Fees and Costs. The parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Request was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). If you or lululemon Studio need to invoke the authority of a court of competent jurisdiction to compel arbitration, then the party that obtains an order compelling arbitration in such action shall have the right to collect from the other party its reasonable costs, necessary disbursements, and reasonable attorneys' fees incurred in securing an order compelling arbitration. The prevailing party in any court action relating to whether either party has satisfied any condition precedent to arbitration, including the Informal Dispute Resolution Process, is entitled to recover their reasonable costs, necessary disbursements, and reasonable attorneys’ fees and costs.
- Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, you and lululemon Studio agree that in the event that there are one hundred (100) or more individual Requests of a substantially similar nature filed against lululemon Studio by or with the assistance of the same law firm, group of law firms, or organizations, within a thirty (30) day period (or as soon as possible thereafter), JAMS shall (1) administer the arbitration demands in batches of 100 Requests per batch (plus, to the extent there are less than 100 Requests left over after the batching described above, a final batch consisting of the remaining Requests); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award (“Batch Arbitration”).
All parties agree that Requests are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise JAMS, and JAMS shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process (“Administrative Arbitrator”). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator’s fees shall be paid by lululemon Studio.
You and lululemon Studio agree to cooperate in good faith with JAMS to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of Requests, as well as any steps to minimize the time and costs of arbitration, which may include: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings. This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision.
- 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to legal@lululemonstudio.com within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address you used to set up your lululemon Studio account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of these Terms of Service will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
- Invalidity, Expiration. Except as provided in the subsection entitled “Waiver of Class or Other Non-Individualized Relief”, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect. You further agree that any Dispute that you have with lululemon Studio as detailed in this Arbitration Agreement must be initiated via arbitration within the applicable statute of limitation for that claim or controversy, or it will be forever time barred. Likewise, you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction.
- Modification. Notwithstanding any provision in the Agreement to the contrary, we agree that if lululemon Studio makes any future material change to this Arbitration Agreement, it will notify you. Unless you reject the change within thirty (30) days after the “Dated” date at the top of these Terms of Service by writing to lululemon Studio at legal@lululemonstudio.com, your continued use of the lululemon Studio Service, including the acceptance of products and services offered on or through the lululemon Studio Service, following the posting of changes to this Arbitration Agreement constitutes your acceptance of any such changes. Changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of the Arbitration Agreement if you have previously agreed to a version of the Agreement and did not validly opt out of arbitration. If you reject any change or update to this Arbitration Agreement, and you were bound by an existing agreement to arbitrate Disputes arising out of or relating in any way to your access to or use of the lululemon Studio Service, any communications you receive, any products sold or distributed through the lululemon Studio Service or the Agreement, the provisions of this Arbitration Agreement as of the date you first accepted the Agreement (or accepted any subsequent changes to the Agreement) remain in full force and effect. lululemon Studio will continue to honor any valid opt outs of the Arbitration Agreement that you made to a prior version of the Agreement.
- GOVERNING LAW
The Agreement and any dispute or request for relief relating in any way to the Agreement will be governed by the laws of the State of New York, United States of America, without giving effect to any conflicts of law principles that would require the application of the law of any other jurisdiction. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods will not apply. Subject to the Arbitration Agreement in Section 18, any other action arising out of or relating to the Agreement or your use of the lululemon Studio Service must be commenced in the state or federal courts located in New York County, New York, United States of America, and you consent to the jurisdiction of those courts.
- INTERNATIONAL USERS
The lululemon Studio Service is controlled and offered by lululemon Studio from its facilities in the United States of America to users in the United States and Canada. lululemon Studio makes no representations that the lululemon Studio Service (or any of its classes or services) is appropriate or available for use in other locations.
We are limited by the rights of our third party licensors and partners as to the availability of particular services, benefits, and classes as part of the lululemon Studio Service. The lululemon Studio Classes, Partner Promotions and Content, and other content that may be available will vary by geographic location and will change from time to time. Those who access or use the lululemon Studio Service from outside the United States and select regions of Canada do so at their own volition and are responsible for compliance with local law. Access to the lululemon Studio Services from locations where we do not have rights, that are not permitted by the terms of your subscription, or where we do not make the lululemon Studio Services (or any of its classes or services) available is prohibited.
- GENERAL PROVISIONS
Interpretation; Severability; Waiver; Remedies. Headings are for convenience only and will not be used to construe the terms of the Agreement. If any term of the Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from the Agreement. No failure or delay by lululemon Studio in exercising any right hereunder will waive any further exercise of that right. lululemon Studio's rights and remedies hereunder are cumulative and not exclusive.
Successors; Assignment; No Third Party Beneficiaries. The Agreement is binding upon and will inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign or transfer the Agreement without lululemon Studio’s prior written consent. Unless explicitly stated otherwise, no third party has any rights hereunder. lululemon Studio may assign our rights, obligations and/or the Agreement at any time in our sole discretion without notice to you.
Notices. You consent to receive all communications including notices, agreements, disclosures, or other information from lululemon Studio electronically. lululemon Studio may communicate by email or by posting to the lululemon Studio Service. For support-related inquiries, you may email hello@lululemonstudio.com. For all other notices to lululemon Studio, you must write to the following address:
Curiouser Products Inc.
1818 Cornwall Ave
Vancouver, BC V6J 1C7
Attn: Legal at Curiouser Products Inc.
Nothing in the Agreement or otherwise limits lululemon Studio’s right to object to subpoenas, claims, or other demands. For contractual purposes, you (a) consent to receive communications from lululemon Studio in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that lululemon Studio provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights, including but not limited to the Electronic Signatures in Global and National Commerce Act at 15 U.S.C. §7001 et seq. (“E-Sign”).
Force Majeure. lululemon Studio shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials, pandemics, epidemics, or governmental orders.
Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to the lululemon Studio Service, please contact us at: Curiouser Products Inc., 1818 Cornwall Ave Vancouver, BC V6J 1C7, Attn: Legal at Curiouser Products Inc. or by email at hello@lululemonstudio.com. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
Consumer Complaints. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
Export Control. By using the lululemon Studio Service, you represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (b) you are not listed on any U.S. Government list of prohibited or restricted parties. You acknowledge and agree that products, services or technology provided by lululemon Studio are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer lululemon Studio devices, products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.
Entire Agreement. The Agreement incorporates the following legal documents by reference, as well as any other policies or procedures referenced herein that are posted to the lululemon Studio Service from time to time:
If there is a conflict between any policies posted on the lululemon Studio Service and the terms of the Agreement, the terms of the Agreement will control. The Agreement represents the entire understanding between lululemon Studio and you and supersedes all prior agreements and understandings regarding the same.
SUBSCRIPTION TERMS AND CONDITIONS
By purchasing a Subscription, either the “lululemon Studio All Access” or “the lululemon Studio App” (each as detailed below), you agree to the following terms and conditions (the “Subscription Terms”), which supplement and form a part of the Terms of Service. Capitalized terms used but not defined in these Subscription Terms have the meanings given to them in the Terms of Service.
WHEN YOU SUBSCRIBE TO THE LULULEMON STUDIO SERVICE, YOUR SUBSCRIPTION WILL BE AUTOMATICALLY RENEWED ON A MONTH-TO-MONTH OR ANNUAL BASIS, AS SELECTED BY YOU, AT THE EXPIRATION OF THEN CURRENT TERM AT LULULEMON STUDIO’S THEN-CURRENT SUBSCRIPTION PRICE UNLESS YOU OPT OUT OF THE AUTO-RENEWAL OR DECLINE TO RENEW YOUR SUBSCRIPTION AS DETAILED BELOW. The “Subscription Holder” will be the person who activated the Subscription.
Depending on your Subscription level you may be eligible for additional benefits through the lululemon athletica inc. Membership program. Please see the lululemon Membership page for additional details, full terms and conditions are available here.
A:
LULULEMON STUDIO ALL ACCESS SUBSCRIPTION.
1.
Eligibility
The lululemon Studio All Access Subscription (“All Access Subscription”) requires purchase of a lululemon Studio Mirror, minimum Commitment Period (as detailed below), and is available to individuals in the continental United States and Canada (excluding Quebec).
2.
Subscription Coverage
Subscription Coverage. Up to five (5) other residents in the same household as the Subscription Holder may have the same access to lululemon Studio’s content via the Device as the Subscription Holder. Such residents must register for their own individual Accounts within the lululemon Studio Service. Alternatively, if you are a Commercial Buyer who has entered into a Commercial Agreement with lululemon Studio, the users that you authorize to access and use the lululemon Studio Service under your Subscription in accordance with the Commercial Agreement will have the same access to lululemon Studio’s content via the Device as the Subscription Holder for the Commercial Buyer. Commercial Buyers and their authorized users may be subject to certain restrictions on access to certain promotions and services offered by lululemon Studio or lululemon Studio collaborators and affiliates. The Subscription Holder will be solely responsible for all activity occurring under the All Access Subscription, including that of any individuals accessing and using the All Access Subscription under the Subscription Holder’s All Access Subscription, and their compliance with the Agreement.
PT Session Access. Subscription Holders may purchase one-on-one personal training sessions (each, a “PT Session”). PT SESSIONS ARE NOT INCLUDED IN THE BASE ALL ACCESS SUBSCRIPTION AND MUST BE PURCHASED SEPARATELY. Purchasing a PT Session gives you access to a live trainer with personalized recommendations based on your fitness needs and ability. You will be charged a one-time fee for each PT Session you purchase. When purchasing a PT Session, you must confirm that we may use your previously authorized billing method or you must enter a new billing method. You hereby authorize us to charge your specified payment method in advance for each PT Session. All purchases for PT Sessions are subject to our Refund Policy.
- Commitment Periods; Auto-Renewal
Commitment Period. When you first sign up for an All Access Subscription you must agree to a specific price and plan, which may include a commitment period term (“Commitment Period”) of one or more years. The Commitment Period commences on the day that the Device is delivered to you. You agree to maintain your All Access Subscription for the applicable Commitment Period. The price available with your plan is valid until the Commitment Period expires, at which time your All Access Subscription will automatically continue on a month-to-month basis at the then-current non-promotional price for your All Access Subscription. If you do not wish to purchase an All Access Subscription for use with a purchased Device, you must notify lululemon Studio in writing at hello@lululemonstudio.com that you are opting out of purchasing an All Access Subscription prior to the delivery of the Device to you (at which time your Commitment Period is scheduled to automatically begin). Please note that certain services and/or functionality within the lululemon Studio Services will not be available if you don’t have a Subscription.
Auto-Renewal for Subscription Services. YOU AGREE THAT, UNLESS YOU OPT OUT OF AUTO-RENEWAL PRIOR TO THE END OF YOUR COMMITMENT PERIOD (OR ANY THEN-CURRENT TERM), YOUR ALL ACCESS SUBSCRIPTION WILL BE AUTOMATICALLY RENEWED AT THE EXPIRATION OF THE COMMITMENT PERIOD (AND EACH SUCCESSIVE MONTHLY PERIOD) ON A MONTH-TO-MONTH BASIS AT THE THEN-CURRENT NON-PROMOTIONAL PRICE FOR YOUR ALL ACCESS SUBSCRIPTION. If you do not wish for your All Access Subscription to renew automatically, or if you wish to change or terminate your Subscription, contact us at hello@lululemonstudio.com or log in and go to the “Billing” page on your “Account Settings” page. If you terminate your All Access Subscription during the Commitment Period or any then-current term after the Commitment Period, you may use your All Access Subscription until the end of the Commitment Period or then-current term and your All Access Subscription will not be renewed after the Commitment Period or then-current term expires. You will not be eligible for a prorated refund of any portion of the Subscription fee paid for the Commitment Period or then-current term, and you will remain responsible for all outstanding Subscription fees (if any) for the remainder of the Commitment Period or then-current term. Prepaid amounts will not be refunded, except as otherwise described herein or in the Refund Policy.
By purchasing an All Access Subscription, you authorize lululemon Studio to charge your payment provider now and on a monthly basis, in advance, for your All Access Subscription. If the amount to be charged varies from the amount you preauthorized (other than due to the imposition or change in Sales Tax), we will provide notice of the amount to be charged and the date of the charge prior to the scheduled date of the initial transaction that includes such variance. Upon renewal of your All Access Subscription, if we do not receive payment from your payment provider, (a) you agree to pay all amounts due on your account upon demand and/or (b) you agree that we may either terminate or suspend your Subscription and continue to attempt to charge your payment provider until payment is received (upon receipt of payment, your account will be activated and for purposes of automatic renewal, any new subscription commitment period will begin as of the day payment was received).
Your failure to terminate and/or continued use of your All Access Subscription reaffirms that we are authorized to charge you for that All Access Subscription. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you.
Termination/Return within the Refund Period. Notwithstanding anything herein to the contrary, if you terminate your All Access Subscription and return your lululemon Studio Mirror within 30 days after receiving the lululemon Studio Mirror, in accordance with our Return Policy, then any associated Subscription fees will be fully refunded to you.
B: LULULEMON STUDIO APP SUBSCRIPTION
Note the Google Play Store version of the App Subscription will not be available and these terms will not be applicable until June 29, 2023.
1.
Eligibility
The lululemon Studio App Subscription (“App Subscription”) is only available to individuals in the United States.
2.
Subscription Coverage
The App Subscription allows for one (1) other resident in the same household as the Subscription Holder to have the same access to lululemon Studio’s content via the Application as the Subscription Holder. Such residents must register for their own individual Accounts within the lululemon Studio Service. The Subscription Holder will be solely responsible for all activity occurring under the App Subscription, including that of any individuals accessing and using the App Subscription under the Subscription Holder’s Subscription, and their compliance with the Agreement.
3.
Subscription Purchase; Auto-Renewal
The App Subscription is available through an App Store and your purchase will be made through Apple or Google, respectively, depending on your mobile device. YOU AGREE THAT, UNLESS YOU OPT OUT OF AUTO-RENEWAL WITHIN YOUR APP STORE MOBILE SETTINGS PRIOR TO THE END OF THEN CURRENT PERIOD, YOUR SUBSCRIPTION WILL BE AUTOMATICALLY RENEWED AT THE EXPIRATION OF THEN CURRENT-TERM ON A MONTH-TO-MONTH OR ANNUAL BASIS AT THE THEN-CURRENT NON-PROMOTIONAL PRICE FOR YOUR SUBSCRIPTION LEVEL. If you do not wish for your App Subscription to renew automatically, or if you wish to change or terminate your App Subscription, you must update your subscription settings through your App Store and mobile device settings. If you purchase an annual plan and you terminate your App Subscription during the year, you may use your App Subscription until the end of the applicable year and your Subscription will not be renewed after the term expires. You will not be eligible for a prorated refund of any portion of the App Subscription fee paid for the then-current term, and you will remain responsible for all outstanding App Subscription fees (if any) for the remainder of then-current term. Prepaid amounts will not be refunded, except as otherwise described herein or in the Refund Policy.
By purchasing an App Subscription, you authorize lululemon Studio to bill the App Store now and on a monthly or annual basis, in advance, for your App Subscription. Upon renewal of your App Subscription, if we do not receive payment from the App Store, (a) you agree to pay all amounts due on your account upon demand and/or (b) you agree that we may either terminate or suspend your App Subscription and continue to attempt to charge the App Store until payment is received (upon receipt of payment, your account will be activated and for purposes of automatic renewal, any new subscription commitment period will begin as of the day payment was received).
Your failure to terminate and/or continued use of your App Subscription reaffirms that we are authorized to charge you for that App Subscription. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you.
C:
FREE TRIALS AND OTHER OFFERS
lululemon Studio may offer additional promotions or discounts related to Subscriptions from time to time. Please read the details of those offers carefully, as any additional terms presented to you during the sign-up process will form part of the Agreement. Unless specified in writing, all discount offers that require a payment are non-refundable, and all free months offered are, for the Premium Subscription, included in the Commitment Period (for illustrative purposes, for a one-year Commitment Period with one free month you will pay for eleven months of the lululemon Studio Service in advance of receiving your 12th month of membership for free). Any free trial or other promotion must be used within the specified time frame of the trial or promotion. YOU MAY BE REQUIRED TO HAVE A VALID PAYMENT METHOD ON FILE IN ORDER TO INITIATE A FREE TRIAL; IF YOU DO NOT CANCEL BEFORE YOUR FREE TRIAL PERIOD ENDS, YOUR ACCOUNT WILL BE CONVERTED TO A PAID SUBSCRIPTION AND WILL BE CHARGED IN ACCORDANCE WITH THESE SUBSCRIPTION TERMS.