Scazu Terms of Use

Welcome to Scazu, a social network connecting people through their gym.  By accessing or using this Site, you are agreeing to comply with and be bound by this Agreement. This Agreement describes the terms and conditions applicable to your use of our Site.

We may amend this Agreement at any time by posting the amended terms on our site. Except as stated below, all amended terms shall be effective immediately after they are initially posted on our site.  Unless otherwise defined in this policy, terms used have the same meanings as in our Privacy Policy(link to Privacy).

These Terms of Use govern your access to and use of Scazu, Inc.’s Portal and related FAQ (the “Portal”) and any information, text, graphics, or other materials appearing on the Portal (the “Content”).  This is a binding legal agreement between you and Scazu, Inc.  Your access to and use of the Portal and Content are expressly conditioned on your compliance with these Terms of Use. 

Fees and Services

Subject to these Terms and Conditions, users are free to join Scazu by invitation. Some services provided on our site, such as a club owner’s ability to view leads and have a community presence, may be subject to a fee. Such fees will be provided to you at the time of purchase.

 

Scazu also provides our users with the ability to apply for gym-related products, services, and memberships (“Scazu Services”) through our third-party affiliates (“Scazu Service Providers”).  To apply for these services, you must complete a lead form which includes, but is not limited to, your name, email address, full mailing address, and telephone number.  This information will be transmitted to the appropriate Scazu Service Provider.

 

It may be the case that more information is required to fulfill the Scazu Services request as Scazu does not operate any gym or health club locations itself.  Please be advised that final terms and conditions of your request will be determined by the Scazu Service Provider.

We may change our fees and policies from time to time. Changes in our policies of that lead to an increase in our billing fees shall be effective after the expiration of your contract term.  However, we may choose to temporarily reduce our fees for promotional events without notice to you. We may also choose to provide promotional discounts to certain customers to address specific customer problems or complaints.

Scazu Privacy Policy

 Registration data and certain other personal information about you is subject to our Privacy Policy.

 

Membership Policy and Fees

Subscribing to and becoming a member of select Scazu services is subject to fees and additional terms of use as outlined below:

• As a subscriber to Scazu, you agree that we are permitted to charge or debit, as applicable, your payment method for the initial payment with any associated membership fee and any applicable tax in US currency that the member had chosen at initial enrollment.
• The Scazu social platform is offered on a subscription basis. Subscription to this program may be available for varying commitment periods (e.g. monthly or annually) and you may have a choice of paying an up-front fee for such periods or to pay monthly. If you choose a pay-monthly subscription with no commitment period, the first month monthly fee will be collected by debit/credit card at the time of enrollment and thereafter be invoiced on the anniversary date of each month or at the fifteenth or the last day of the following month, at least 30 days from the date of enrollment.
• If you choose a monthly subscription with no commitment period, the monthly charges will be collected by debit/credit card until we or you cancel your subscription on at least 45 days' notice by contacting us at info@scazu.com.  The termination date will be the first billing cycle after the 45 day period has expired.
• If you choose a subscription with a fixed commitment period (e.g. 1 year) then at the end of that period your subscription will automatically convert into a pay-monthly subscription at the then current rates which can be cancelled by either party on 45 days notice by contacting us at info@scazu.com. Where such notice is given 45 days or more prior to the end of the fixed commitment period, the subscription will end on the date of period expiration.
• We will collect all monthly fees due (including those due after the end of a fixed commitment period) from the debit/credit card you tell us about upon registration. As stated above, we may suspend or cancel any services, including your subscription, in the event of problems with the debit/credit card.
• Scazu does not have a refund policy.  Credits for fraudulent leads will be made on a case-by-case basis and must be submitted in writing before the date of billing for that lead.   

Guard Your Password and Information

 You are responsible for safeguarding the password that you use to access any secure areas of the Portal.  You agree not to disclose your password to any third party.  You are to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions.  You will immediately notify Scazu of any unauthorized use of your password. 

 Scazu recommends that you do not disclose personal contact information to other members. If you do, it is at your own risk.

 Proprietary Rights in Site Content; Limited License

All content on the Site and available through the Service, including but not limited to designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "Site Content"), are the proprietary property of the Company, its users or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company's prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Site. Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content, you may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to these Terms of Use and does not include use of any data mining, robots or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.

 Tone; General Prohibitions

The Portal is intended for positive, on-topic communications.  You agree to take a constructive tone and practice good etiquette, and not to do any of the following, while using the Portal or Content:

·      Post, publish or transmit any text, graphics, or material that intentionally or unintentionally: (i) is false or misleading; (ii) is defamatory; (iii) invades another’s privacy; (iv) is obscene, pornographic, or offensive; (v) expresses, threatens, or promotes violence, bigotry, racism, harassment, hatred, intimidation, or harm against any individual or group; (vi) infringes another’s rights, including but not limited to any intellectual property rights; (vii) violates—or encourages any conduct that would violate—any applicable treaty, law, or regulation; or (viii) gives rise to civil liability;

·      Promote, advertise, or solicit participation in or for any non-Scazu product, website, or service, unless the appropriate agreement is in place with Scazu, Inc.;

·      Impersonate or misrepresent your affiliation with any person or entity, including Scazu or a Scazu employee;

·      Forge any TCP/IP packet header or any part of the header information in any email or posting or in any way use the Portal or Content to send altered, deceptive, or false source-identifying information;

·      Send unsolicited email, junk mail, spam, or chain letters;

·      Create "trolling" posts (trolling is deliberately posting false or provocative information in order to elicit responses from people who really want to help);

·      Access, tamper with, or use non-public areas of the Portal, Scazu’s computer systems, or the technical delivery systems of Scazu’s providers;

·      Attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures;

·      Attempt to access or search the Portal or Content with any engine, software, tool, agent, device, or mechanism other than the software or search agents provided by Scazu or other generally available third party web browsers (such as Microsoft Internet Explorer or Mozilla Firefox);

·      Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Portal or Content; or

·      Interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Portal.

Scazu will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law.  Scazu may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use.  You acknowledge that Scazu has no obligation to monitor your access to or use of the Portal and Content, but has the right to do so for the purpose of operating the Portal, to ensure your compliance with these Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body.

Digital Millennium Copyright Act Compliance

Scazu respects the intellectual property rights of others and expects users of the Portal to do the same.  At Scazu’s discretion and in appropriate circumstances, Scazu may terminate the accounts of users or prevent access to the Portal by users who infringe the intellectual property rights of others.  Pursuant to 17 United States Code 512(c)(2) (Digital Millennium Copyright Act of 1998), Scazu’s designated agent for notice of alleged copyright infringement appearing on the Portal is:

 

Scazu, Inc.

Copyright

173 Owens Ct.

Mountain View, CA 94043
Phone: (650) 450-3127
Fax: (650) 618-1852

privacy@scazu.com

Filing a notice of infringement with Scazu requires compliance with the requirements specified in Title II of the Digital Millennium Copyright Act of 1998.  The text of this statute can be found at the U.S. Copyright Office web site, http://lcweb.loc.gov/copyright.

Links

The Portal may contain links to third-party websites or resources.  You acknowledge and agree that Scazu and its Partners are not responsible or liable for the availability, accuracy, or content of such websites or resources.  Links to such websites or resources do not imply any endorsement by Scazu. 

Termination

If you violate any of these Terms of Use, your permission to use the Portal and Content will automatically terminate.  Scazu reserves the right to revoke your access to and use of the Portal and Content, and to remove any post, at any time, with or without cause.  Scazu also reserves the right to cease providing or to change the Portal (or any portion or feature thereof) or Content at any time or frequency and without notice.  Your obligations and the warranties and disclaimers, indemnities, limitations of liabilities, and licenses for the use of your Contributions set forth in these Terms of Use will survive any termination or expiration of your participation in the Portal.

Use the Portal at Your Own Risk

Your access to, use of, and reliance on the Portal and Content is at your own risk.  Scazu will have no responsibility for any (i) damage to your business, computer system, or data, (ii) impact on your or your customers’ use of Scazu services, or (iii) other harm that results from your access to, use of, or reliance on the Portal or Content.

47 USC §240 Notice 

Parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.  Information identifying current providers of such protections can be found at http://www.parentalguidance.org/.

The Portal is Available “AS-IS”

THE PORTAL, CONTENT, AND SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED.  WITHOUT LIMITING THE FOREGOING, SCAZU EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT. 

SCAZU MAKES NO WARRANTY THAT THE PORTAL, CONTENT, OR SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.  SCAZU MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, ADVICE, OR INFORMATION PURCHASED OR OBTAINED THROUGH THE PORTAL OR CONTENT, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY INFORMATION OR ADVICE OBTAINED THROUGH THE PORTAL OR CONTENT.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SCAZU (OUTSIDE OF A FORMAL WRITTEN AGREEMENT) OR THROUGH THE PORTAL OR CONTENT WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. 

Indemnity

You agree to defend, indemnify, and hold harmless Scazu, its officers, directors, employees, and agents, from and against any third party claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Portal or Content, or your violation of these Terms of Use.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Scazu will not be liable for any incidental, SPECIAL, consequential, or PUNITIVE damages resulting from your access to or use of, or inability to access or use, the Portal OR content, whether based on warranty, contract, tort (INCLUDING NEGLIGENCE), or any other legal theory, whether or not Scazu has been informed of the possibility of such damage, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PUrPOSE.  YOU SPECIFICALLY ACKNOWLEDGE THAT Scazu IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, INFRINGING, BREACHING, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.  FURTHER, Scazu WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE PORTAL.

YOU AGREE THAT THE AGGREGATE LIABILITY OF Scazu TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE PORTAL OR CONTENT IS LIMITED TO THE AMOUNTS YOU HAVE PAID TO Scazu FOR ACCESS TO AND USE OF THE PORTAL OR CONTENT.  THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN Scazu AND YOU.

Severability / Waiver

In the event that any provision of these Terms of Use is held to be invalid or unenforceable, the remaining provisions of these Terms of Use will remain in full force and affect.  The failure of either party to enforce any right or provision of these Terms of Use will not be deemed a wavier of such right or provision.

Controlling Law and Jurisdiction

These Terms of Use and any action related thereto will be governed by the laws of the State of California without regard to its conflict of law provisions.  The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Use will be the state and federal courts located in San Francisco County, California, and each of the parties hereto waives any objection to jurisdiction and venue in such courts. 

Trademark Information

Scazu, Scazu, Making Fitness Social, and other Scazu logos and product and service names are trademarks of Scazu, Inc. which cannot be used or displayed in any manner without the prior permission of Scazu.

Entire Agreement

These Terms of Use are the entire and exclusive agreement between Scazu and you regarding the Portal and Content and supersede and replace any prior agreements, written or oral, between Scazu and you regarding the Portal and Content. In the event these Terms of Use conflict with the terms of an agreement between you and Scazu governing subject matter other than the Portal and Content, the terms of such other agreement will take precedence.  Where applicable law does not allow the exclusion of implied warranties or certain limitations of liability, some or all of the foregoing warranty exclusions and liability limitations may not apply to you.

If you have any questions about these Terms of Use, or would like to report any violation of these Terms of Use, please contact Scazu at privacy@scazu.com.