Effective date: January 24, 2019.
THESE TERMS AND CONDITIONS (THE "TERMS") ARE A LEGAL CONTRACT BETWEEN YOU AND IONA SENIOR SERVICES THROUGH ITS Around Town DC PROGRAM ("Around Town DC", "WE", OR "US"). THE TERMS EXPLAIN HOW YOU ARE PERMITTED TO USE THE WEBSITE LOCATED AT THE URL: AroundTownDC.org AS WELL AS ALL ASSOCIATED SITES LINKED TO AroundTownDC.org, ITS SUBSIDIARIES AND AFFILIATED COMPANIES (COLLECTIVELY, THE "SITE") AND ANY SERVICES WE MAY PROVIDE THROUGH THE SITE (THE SITE AND THE SERVICES AVAILABLE THROUGH IT, COLLECTIVELY, THE "SERVICES"). BY USING THIS SITE, YOU ARE AGREEING TO ALL THE TERMS; IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE, ANY SERVICES AVAILABLE THROUGH THIS SITE OR ANY INFORMATION CONTAINED ON THIS SITE.
Changes.
Around Town DC may make changes to the content and Services offered on the Site at any time. Around Town DC can change, update, or add or remove provisions of these Terms, at any time by posting the updated Terms on this Site. By using this Site after Around Town DC has updated the Terms, you are agreeing to all the updated Terms; if you do not agree with any of the updated Terms, you must stop using the Site.
General Use.
By using this Site, you represent, acknowledge and agree that you are at least 18 years of age, or if you are under 18 years of age but are at least 13 years old (a "Minor"), that you are using the Site with the consent of your parent or legal guardian and that you have received your parent's or legal guardian's permission to use the Site and agree to its Terms. If you are a parent or legal guardian of a Minor, you hereby agree to bind the Minor to these Terms and to fully indemnify and hold harmless Around Town DC if the Minor breaches any of these Terms. If you are not at least 13 years old, you may not use the Site at any time or in any manner or submit any information to Around Town DC or the Site.
Around Town DC provides content through the Site and through the Services that is copyrighted and/or trademarked work of Around Town DC or Around Town DC's third-party licensors and suppliers or other users of the Site (collectively, the "Materials"). Materials may include logos, graphics, video, images, software and other content.
Subject to the terms and conditions of these Terms, and your compliance with these Terms, Around Town DC hereby grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials and to use this Site solely for your personal use. Except for the foregoing license, you have no other rights in the Site or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Site or Materials in any manner.
If you breach any of these Terms, the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials.
Using the Site and the Services on the Site.
You can simply view the Site and not use any Services on the Site. You need not register with Around Town DC to simply visit and view the Site.
Password Restricted Areas of this Site.
From time to time, we may provide you with a password that will allow you to log-on to password protected area of the Site using that password (the "Around Town DC Password"). You are responsible for maintaining the confidentiality of such Passwords. You agree not to share the Around Town DC Password, let others access or use the Around Town DC Password or do anything else that might jeopardize the security of the Around Town DC Password. You agree to notify Around Town DC if the Around Town DC Password on this Site is lost, stolen, if you are aware of any unauthorized use of the Around Town DC Password on this Site or if you know of any other breach of security in relation to this Site.
Purchases.
If applicable, you agree to pay all fees or charges to your account based on Around Town DC's fees, charges, and billing terms. If you do not pay on time or if Around Town DC cannot charge your credit card or other payment method for any reason, Around Town DC reserves the right to either suspend or terminate your access to the Site and account and terminate these Terms. You are expressly agreeing that Around Town DC is permitted to bill you for the applicable fees, any applicable tax and any other charges you may incur in connection with your use of this Site and the fees will be billed to your credit card or other payment method designated on your initial registration with this Site, and thereafter at regular intervals for the remainder of the term of these Terms. If you cancel your account at any time, you will not receive any refund. If you have a balance due on any account, you agree that Around Town DC may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees.
Electronic Communications.
By using the Site and/or the Services provided on or through the Site, you consent to receiving electronic communications from Around Town DC and Iona Senior Services. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Site and/or Services provided on or through the Site. These electronic communications are part of your relationship with Around Town DC and Iona Senior Services. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Privacy Policy.
Please review Around Town DC Privacy Policy (the "Privacy Policy") which explains how we use information that you submit to Around Town DC.
Links to Third-Party Sites.
This Site may be linked to other web sites that are not Around Town DC sites (collectively, "Third-Party Sites"). Certain areas of the Site may allow you to interact and/or conduct transactions with such Third-Party Site and, in certain situations, you may be transferred to a Third-Party Site through a link but it may appear that you are still on this Site. In any case, you acknowledge and agree that the Third-Party Sites may have different privacy policies and terms and conditions and/or user guides and business practices than Around Town DC, and you further acknowledge and agree that your use of such Third-Party Sites is governed by the respective Third-Party Site privacy policy and terms and conditions and/or user guides. You hereby agree to comply with any and all terms and conditions, users guides and privacy policies of any of Third-Party Sites. Around Town DC is providing links to the Third-Party Sites to you as a convenience, and Around Town DC does not verify, make any representations or take responsibility for such Third-Party Sites, including, without limitation, the truthfulness, accuracy, quality or completeness of the content, services, links displayed and/or any other activities conducted on or through such Third-Party Sites. YOU AGREE THAT Around Town DC WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD-PARTY.
Submissions.
You are responsible for the information, opinions, messages, comments, photos, videos, graphics, sounds and other content or material that you submit, upload, post or otherwise make available on or through the Site (each a "Submission") and through the Services available in connection with this Site. You may not upload, post or otherwise make available on this Site any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third-party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any Submission that you make. You have full responsibility for each Submission you make, including its legality, reliability and appropriateness.
Unless otherwise explicitly stated herein or in Around Town DC's Privacy Policy, you agree that any Submission provided by you in connection with this Site is provided on a non-proprietary and non-confidential basis. You hereby grant to Around Town DC a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute each of your Submissions, or any portion thereof, in any form, medium or distribution method now known or hereafter existing, known or developed, and authorize others to use the Submissions. We may modify or adapt your Submissions in order to transmit, display or distribute them over computer networks and in various media and/or make changes to the Submissions as necessary to conform and adapt them to any requirements or limitations of any networks, devices, services or media. Around Town DC agrees to use any personally identifiable information contained in any of your Submissions in accordance with Around Town DC's Privacy Policy.
You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Submissions posted by you to or through this Site.
When you provide Submissions you agree that those Submissions shall not be in violation of the "Unauthorized Activities" paragraph below. Those prohibitions do not require Around Town DC to monitor, police or remove any Submissions or other information submitted by you or any other user.
Unauthorized Activities.
When using this Site and/or the services, you agree not to:
- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Use racially, ethnically, or otherwise offensive language.
- Discuss or incite illegal activity.
- Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).
- Post anything that exploits children or minors or that depicts cruelty to animals.
- Post any copyrighted or trademarked materials without the express permission from the owner.
- Disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation.
- Use any robot, spider, scraper or other automated means to access the Site.
- Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
- Alter the opinions or comments posted by others on this Site.
- Post anything clearly false or misleading.
- Post anything unrelated to our business, products or services.
- Post anything contrary to our public image, goodwill or reputation, provided that the foregoing will not apply to you if applicable law prohibits such limitations and restrictions.
This list of prohibitions provides examples and is not complete or exclusive. Around Town DC reserves the right to (a) terminate your ability to post to this Site (or use the Services) and (b) refuse, delete or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that Around Town DC determines is inappropriate or disruptive to this Site or to any other user of this Site and/or Services. Around Town DC may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Around Town DC's discretion, Around Town DC will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet.
Unauthorized use of any Materials or Third-Party Content contained on this Site may violate certain laws and regulations.
You agree to indemnify and hold Around Town DC and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees and costs of defense) Around Town DC or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third-party that your use of this Site or the use of this Site by any person using your user name and/or password (including without limitation, your participation in the posting areas or, your Submissions) violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third-party.
Proprietary Rights.
Around Town DC is a trademark of Iona Senior Services in the United States. Other trademarks, names and logos on this Site are the property of their respective owners.
Unless otherwise specified in these Terms, all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Iona Senior Services, Copyright © 2017 Iona Senior Services. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
Disclaimer of Warranties.
Your use of this Site and/or the Services is at your own risk. The Materials have not been verified or authenticated in whole or in part by Around Town DC, and they may include inaccuracies or typographical or other errors. Around Town DC does not warrant the accuracy of timeliness of the Materials contained on this Site. Around Town DC has no liability for any errors or omissions in the Materials, whether provided by Around Town DC, our licensors or suppliers or other users.
Around Town DC, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE, THE SERVICES, OR ANY MATERIALS RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, THE SERVICES, AND MATERIALS, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" AND "WHERE-IS" BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. Around Town DC DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.
THE SITE DOES NOT PROVIDE PROFESSIONAL MEDICAL SERVICES OR ADVICE.
THE SITE AND ALL THE MATERIALS PROVIDED THROUGH IT ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDIAL ADVICE OR TREATMENT. YOU ACKNOWLEDGE THAT THE SITE AND SERVICES DO NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS, PROFESSIONAL OR MEDICAL ADVICE OR OPINION OF ANY KIND AND THAT THEY ARE NOT A SUBSTITUTE FOR PROFESSIONAL OR MEDICAL ADVICE OR OPINION. THE INFORMATION MADE AVAILABLE ON OR THROUGH THE SITE AND SERVICES SHOULD NOT BE RELIED UPON WHEN MAKING MEDICAL DECISIONS, OR TO DIAGNOSE OR TREAT A MEDICAL OR HEALTH CONDITION. YOUR USE OF THE SITE AND SERVICES DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND US. YOU SHOULD ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING YOUR HEALTH OR A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON OUR SITE. OUR SITE AND SERVICES ARE PROVIDED "AS IS" AND "WITH ALL FAULTS" AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE IS WITH YOU.
If you think you may have a medical emergency, call your doctor or 911 immediately. We do not recommend or endorse any specific tests, physicians, health care providers, products, services, procedures, opinions, or other information that may be mentioned on the Site. Reliance on the Materials or any information provided by us, our employees, others appearing on the Site at our invitation, or other third parties on the Site is solely at your own risk.
Limitation of Liability.
Around Town DC SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THIS SITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Around Town DC BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF Around Town DC KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE. OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED THESE TERMS SHALL NOT BE MORE THAN $50.00.
Local Laws; Export Control.
Around Town DC controls and operates this Site from its headquarters in the United States of America and the Materials may not be appropriate or available for use in other locations. If you use this Site outside the United States of America, you are responsible for following applicable local laws.
Feedback.
If you send or transmit any communications, comments, questions, suggestions, or related materials to Around Town DC, whether by letter, email, telephone, or otherwise (collectively, "Feedback"), suggesting or recommending changes to the Site, any Services offered through the Site or Materials, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. Except as prohibited by applicable law, you hereby assign all right, title, and interest in, and Around Town DC is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. Where the foregoing assignment is prohibited by law, you hereby grant Us an exclusive, transferable, worldwide, royalty-free, fully paid up license (including the right to sublicense) to use and exploit all Feedback as We may determine in our sole discretion. Notwithstanding the foregoing, you understand and agree that Around Town DC is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
Language.
The Parties hereto have expressly required that this agreement and all documents and notices relating thereto be drafted in the English language.
General.
Around Town DC prefers to advise you if we feel you are not complying with these Terms and to recommend any necessary corrective action. However, certain violations of these Terms, as determined by Around Town DC, may result in immediate termination of your access to this Site without prior notice to you. The Federal Arbitration Act, Washington, D.C. law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. The United Nations on Contracts for the International Sale of Goods and any laws based on the Uniform Computer Information Transactions Act (UCITA) shall not apply to this Agreement. Any disputes relating to these Terms or this Site will be heard in the courts located in Washington, D.C. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. Around Town DC's failure to enforce any of these Terms is not a waiver of such term. These Terms are the entire agreement between you and Around Town DC and supersede all prior or contemporaneous negotiations, discussions or agreements between you and Around Town DC about this Site. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.
WAIVER OF LIABILITY.
In consideration of my voluntary participation in this Fitness/Wellness Class ("The Program"), I hereby agree to release, hold harmless, and indemnify Iona Senior Services, and its employees, agents, and representatives (collectively "Iona") from any and all actions, claims, and demands, for myself, my heirs, and/or my personal representatives, now and forever, as a result of injury, damage, or loss of property arising out of my participation in the Program. This release shall include any claims, demands, injuries, damages, or actions arising out of or connected with my use of Iona's services and facilities, both on and off Iona's premises, and from all acts of ordinary negligence on the part of Iona. I recognize that the Program may include travel by public or private transit, private touring companies, walking, and other moderate physical activity. By agreeing to participate in the Program, I assert that I have willingly and knowingly accepted the risks inherent in such travel and activities, including bodily injury and property damage. I also assert that I have no physical condition, ailment, or limitation that would prevent me from participating in the Program in a safe manner. Finally, I assert that I have accident/health insurance coverage that will apply in the event of injury as a result of my participation in the Program. As evidenced by my signature below, I have carefully read this agreement and fully understand its contents. I am aware that this is just a release and waiver of liability between myself and Iona, their employees, agents, and representatives.
REGISTRATION & WAIVER OF LIABILITY FORM.
Group exercise fitness class – Iona Senior Services Waiver of Liability and Informed Consent
I am participating in a group exercise fitness class, ("the activities") offered by SPIRIT Club through Iona Senior Services. I acknowledge that it is my duty to exercise ordinary care for the protection of others and myself while attending any class with SPIRIT Club. I assert I am in good health with no symptoms related to COVID or any other transferable viruses. I agree to give myself a health check before attending the class in person. I assume the risk of physical activity in my current physical condition. I acknowledge that I have either received advice from my doctor that I am capable of physical exercise, or I do not feel obligated to seek advice from my doctor and will assume the risk of exercising without a doctor's examination. I understand that I could experience muscle, neck, back, and other injuries as a result of my participation in the Activities. I understand my physical limitations and I am sufficiently self-aware to stop or modify my participation in any Activity before I become injured or aggravate a pre-existing injury. I take complete responsibility for my presence and I will not hold SPIRIT Club, Iona Senior Services, or those affiliated with this class responsible for any injuries or loss I may incur as a result of my participation in yoga class now or in the future. I hereby confirm that I have read and fully understand this release of liability and expressly waive any "Claim", and assumption of risk agreement, I fully understand its terms, and I sign it voluntarily without inducement.
