The terms “You,” “Your,” “User,” and “Users,” as used herein, refer to all individuals and/or entities accessing the Services for any reason.
2. Device Safety Information
The Device is not a medical device and is not intended to diagnose, treat, monitor, cure, or prevent any disease or condition. Consult your physician prior to engaging in an exercise program of any kind, particularly if you have a medical condition. If you feel faint, experience shortness of breath, dizziness, or related sensations while exercising, stop immediately and seek medical attention as necessary. The Device operates through the use of biometric sensors and is not an accredited personal trainer that is able to assess maximum exertion levels of potential safety concerns. Use good judgment and common sense about your own fitness level and ability while using the Device. Do not wear the Device while engaging in contact sports, swimming, or other water-related activities. Sanga is not responsible for any injuries sustained by you or others directly or indirectly while wearing the Device. Any use of the Device is done voluntarily and at your own risk.
You must be 18 years of age or older to visit or use the Services in any manner. By visiting the
4. License Grant & Use Restrictions
You may not, without Sanga’s written permission, “mirror” any Contents contained in the Servicesoranyotherserver. YoumaynotusetheServicesforanypurposethatisunlawfulor
5. User Submissions
Except as provided under Submission of Ideas (below), Sanga does not claim ownership of any information or material a user provides to Sanga or posts, uploads, input, submits, or transmits to the Services (“Submission”). You agree that you will not make any Submission that is, in whole or in part, libelous; scandalous; inflammatory; discriminatory; defamatory; false; threatening; vulgar; obscene; pornographic; profane; abusive; harassing; invasive of another’s privacy; hateful or bashing; aimed at gender, race, color, sexual orientation, national origin, religious views, or disability; in violation of local, state, national, or international law; or that infringes on, or violates, any right of any party. Additionally, you agree that you will not: (a) make any Submission that is an advertisement or solicitation of business; (b) disrupt the normal flow of dialogue or make a Submission unrelated to the topic being discussed (unless it is clear the discussion is free-form); (c) post a chain letter or pyramid scheme; impersonate another person; (d) distribute viruses or other harmful computer code; (e) harvest or otherwise collects information about others, including email addresses, without their consent; (f) post the same note more than once or “spamming”; or (g) engage in any other conduct that restricts or inhibits any other person from using or enjoying the Services, or which, in the judgment of Sanga, exposes Sanga or any of its licensors, partners, or customers to any liability or detriment of any type.
By making a Submission, you agree that such Submission is non-confidential, non-proprietary, and may be disseminated or used by Sanga. If you make a Submission, you automatically grant—or warrant that the owner of such content has expressly granted—Sanga a royalty-free, perpetual, irrevocable, worldwide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the Submission in any media or medium, or any form, format, or forum now known or hereafter developed. Notwithstanding the foregoing, Sanga is not required to use any Submission.
You are solely responsible for your Submission, the consequences of making a Submission, and your reliance on any Submissions. Sanga is not responsible for the consequences of any Submission. Sanga is not responsible for screening or monitoring Submissions made to the Servicesbyusers. IfnotifiedbyauserofaSubmissionallegedlyinviolationoftheseTermsof Use, Sanga may investigate the allegation and determine in good faith and its sole discretion whether to remove such Submission. Sanga will have no liability or responsibility to users for performance or nonperformance of such activities.
6. Submission Of ideas
Sanga policy is to not accept or review unsolicited ideas or suggestions from persons outside the company. Notwithstanding such policy, any ideas, suggestions, know-how, or concepts that are offered or communicated to Sanga through the Services or otherwise shall be the property of Sanga, and may be treated by Sanga as non-confidential information. Sanga shall have the unrestricted right to use and disclose such ideas, suggestions, know-how or concepts for any purpose without compensation or obligation to any party.
Any and all offers or promotions advertised on the Services are void where prohibited, and are
subject to the posting of any official rules to such offers or promotions.
8. Terms Required By Apple Inc.
Sanga is solely responsible for the App.
(c) Sanga is solely responsible for providing and Apple has no obligation to provide maintenance and support for the App. Support requests, as well as questions or complaints regarding the App, may be directed to Sanga at firstname.lastname@example.org. Any claims regarding the App may be submitted via email to email@example.com.
(d) In the event of any failure of the App to comply with any warranty that may exist as a matter of law, you may notify Apple, and Apple will refund the purchase price for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and will not be liable for any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty. Sanga shall not be required to provide a refund to you under any circumstances.
(e) Apple shall not be responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including but not limited to (i) product liability claims, (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement, or (iii) claims arising under consumer protection or similar legislation.
(f) Apple shall not be responsible for the investigation, defense, settlement or discharge of any claim that the App, or your possession and use of the App, infringes a third party's intellectual property rights.
(g) You represent and warrant that (i) the App will not be downloaded or used in, or transported to, a country that is subject to a U.S. Government embargo, or has been designated by the U.S. Government as a "terrorist-supporting" country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
(h) Sanga’s address is 150 Greenwich St. 29 Floor, New York, NY 10007.
9. Disclaimer Of Warranties
The use of the Services or the Contents is at your own risk. The Contents in the Services could include technical inaccuracies or typographical errors. Sanga may make changes or improvements at any time.
THE SERVICES AND ALL CONTENTS, MATERIALS, PRODUCTS, FUNCTIONALITY, AND OTHER ITEMS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, ARE PROVIDED BY Sanga ON AN “AS IS” AND “AS AVAILABLE” BASIS. Sanga DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES OR THE CONTENTS, MATERIALS, PRODUCTS, FUNCTIONALITY, OR OTHER ITEMS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES. TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, Sanga DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, Sanga DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THE SERVICES. YOU ACKNOWLEDGE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. Sanga DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Sanga DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE CONTENTS IN THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THIS SECTION DOES NOT LIMIT THE TERMS OF ANY
10. Limitation of Liability
11. Your Account
If you use the Services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or device. You agree to accept responsibility for all activities that occur under your account or password. Sanga reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
12. Contact With Third Parties And Third Party Websites
The Services may contain hyperlinks to other websites and webpages (“Third-Party Pages”), as well as to text, graphics, videos, images, music, sounds, and information belonging to or originating from other third-parties (collectively, “Third-Party Applications”). Sanga does not investigate, monitor, or review any Third-Party Pages or Third-Party Applications to ensure their accuracy, completeness, or appropriateness. Sanga is not responsible for the Third-Party Pages or any Third-Party Applications accessed through the Services. You agree that Sanga shall have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third party on the Services.
The inclusion of any hyperlinks to any Third-Party Pages or Third-Party Applications on the Services does not indicate Sanga’s approval or endorsement thereof. These links are provided solely as a convenience or benefit to users. Your interactions with a third party on the Services, or based on such third party’s participation or presence on the Services, are solely between you and the third party. Sanga makes no representations or warranties with respect to the content, ownership, or legality of any such linked third party website. If you choose to leave the Services to access any Third-Party Pages or Third-Party Applications, you do so at your own risk.
14. Modification Or Suspension Of The Services
16. Applicable Laws
17. Mandatory Agreement To Arbitrate On An Individual Basis And Class Action Waiver
Applicable to the United States: Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, counts, claim, or cause of action) between you and Sanga or Sanga 's employees, agents, successors, or assigns, shall exclusively be settled through binding and confidential arbitration, rather than court, except that you or Sanga may take claims to small claims court if the dispute qualifies for hearing by such a court. In addition, each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
WE EACH ACKNOWLEDGE AND AGREE THAT, APART FROM THE NARROW EXCEPTIONS ABOVE, YOU AND Sanga ARE EACH WAIVING YOUR RIGHTS TO SUE IN COURT, INCLUDING RIGHTS TO RECEIVE A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY-GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING.
Arbitration shall be subject to the U.S. Federal Arbitration Act and federal arbitration law, and shall be conducted by Judicial Arbitration Mediation Services, Inc. (“JAMS”) pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014 (the “JAMS Rules”) and as modified by this agreement to arbitrate. The JAMS Rules, including instructions for bringing arbitration, are available on its website at http://www.jamsadr.com/rules-streamlined-arbitration. The Minimum Standards are available at http://www.jamsadr.com/consumer-arbitration/.
You and Sanga must abide by these rules: (a) the arbitration shall be conducted on an individual basis and not in a class, consolidated or representative action and the arbitrator shall not award class-wide relief; (b) Sanga will pay its arbitration costs as required by JAMS rules, and in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, Sanga will pay as much of your arbitration filing and hearing fees as the arbitrator deems is necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation; (c) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (d) each side pays his, her or its
own attorneys' fees and costs unless the claim(s) at issue permit the prevailing party to be paid its fees and litigation costs, and in such instance, the fees and costs awarded shall be determined by the applicable law.
With the exception of subpart (a) in the preceding paragraph, if any part of this arbitration provision is deemed invalid, unenforceable or illegal, then the balance of this arbitration provision shall remain in effect and be construed in accordance with its terms as if the invalid, unenforceable, or illegal provision were not contained. If, however, subpart (a) in the preceding paragraph is found invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void. If for any reason a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or U.S. federal court in New York.
18. Notice And Take Down Procedures
If you believe any Submission accessible on or from the Services infringes your copyright, you may request removal of those materials (or access thereto) from the Services by contacting Sanga (address identified below) and providing the following information:
(a) Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work;
(b) Identification of the Submission that you believe to be infringing and its location. Please describe the Submission, and provide us with its URL or any other pertinent information that will allow us to locate the Submission;
(c) Your name, address, telephone number, and (if available) email address;
(d) A statement that you have a good faith belief that the complained of use of the work
is not authorized by the copyright owner, its agent, or the law;
(e) A statement that the information you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or authorized representative; and
(f) A signature or the electronic equivalent from the copyright holder or authorized representative.
In an effort to protect the rights of copyright owners, Sanga maintains a policy for the termination, in appropriate circumstances, of users of the Services who are repeat infringers.
19. Export Control
You acknowledge that Services may be subject to export control laws and other laws and
regulations of the United States and other countries, and that if Sanga provides Services to
you, the Services may be impounded or otherwise confiscated by customs or other authorities. You are responsible for compliance with all applicable export control laws and regulations. You represent that you will not export, re-export, or transfer indirectly or directly any Services outside of the United States without obtaining proper authorization from the applicable government agencies. Without limiting the immediately preceding sentence, you will not export, re-export, or transfer directly or indirectly any Services to: (a) an embargoed/terrorist supporting country, including the Crimea region of Ukraine, Cuba, Iran, North Korea, Syria, Sudan, or any other such country as determined by the US government; (b) a person or entity barred by the US Government on export activity lists, including persons or entities on the Treasury Department Specially Designated National List, Entities List, and Denied Persons List; or (c) any destination for an end use that is prohibited by applicable law. You will defend and hold Sanga harmless against all claims, damages, or liability resulting from breach of the foregoing.
20. Complete Agreement