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Terms & Conditions

Welcome to Break the Love’s Terms and Conditions of Use (these “Terms”). Our lawyers insist that we impose rules on users to protect all of our hard work. This is a contract between you and Break the Love LLC. The terms “Break The Love,” “we,” “us,”, “BTL” and “our” refer to Break The Love LLC. and we want you to know both yours and our rights before you use the Break the Love application, webApp, or services on the application or webApp (the “App”). The terms “you,” “your,”, “user”, “users”, and “yours” refer to the user/customer utilizing the App. Please take a few moments to read these Terms before enjoying the App, because once you access, view or use the App, you are going to be legally bound by the Terms (so probably best to read them first!).

1. Break The Love Rules

Before you can become a member of our Break the Love App, you will need to register for an account (“Account”). In order to create an Account you must:

  1. Have an email
  2. Have a number
  3. Be at least 18 years old; and
  4. Be legally permitted to use the App by the laws of your home country

If you create an account, you authorize us to access, display, and use certain information from your Facebook account (e.g. profile pictures, location, job, and information about Facebook friends). For more information about what information we use and how we use it, please check out our Privacy Policy.

We do not allow you to use another person’s Account without permission because that wouldn’t be ethical.

You’ll have great fun on Break the Love, but if you feel the need to leave, you can delete your Account at any time by going to the “Settings” page when you are logged in and clicking on the “Manage membership” link. You will have the option to pause or cancel your membership. Upon delete your account will be deleted immediately but it may take some time for Your Content to be completely removed from the App. We will save your profile information in case you realize you miss us whether you pause or delete your account (which you can do within 30 days of cancelling your membership).

Break the Love LLC. reserves the right at our sole discretion to terminate or suspend any Account, or make use of any operational, technological, legal, or other means available to enforce the Terms (including without limitation blocking specific IP addresses), at any time without liability and without the need to give you prior notice.

You may not access, tamper with, or use non-public areas of the App or our systems. Certain portions of the app may not be accessible if you have not registered for an account.

2. Terms Of Use

a) Acceptance of Terms. By accessing and/or using the App, you accept and agree to be bound by these Terms, just as if you had agreed to these Terms in writing. If you do not agree to these Terms, do not use the App.

b) Amendment of Terms. Break The Love may amend the Terms from time to time. Unless we provide a delayed effective date, all amendments will be effective upon posting of such updated Terms. Your continued access to or use of the App after such posting constitutes your consent to be bound by the Terms, as amended.

c) Additional Terms. In addition to these Terms, when using particular plans, offers, products, services or features, you will also be subject to any additional posted guidelines, or rules applicable to such plan, offer, product, service or feature, which may be posted and modified from time to time. All such additional terms are hereby incorporated by reference into the Terms, provided that in the event of any conflict between such additional terms and the Terms, the Terms shall control.

3. Break The Love Platform

a) Break The Love Platform. Break The Love is a membership that enables Break The Love members to find other members to play with, message members, search court information, receive content on tennis, receive information about training and competitions and schedule appointments with other members and courts that partner with Break The Love (“Venues”). Through the Break The Love platform you can access information on third party products and services. Break The Love itself is not a gym, fitness studio or service provider and does not own, operate or control any of the classes, services or facilities accessible through the App.

b) Membership Cycles. Your Break The Love membership starts on the date that you sign up for a subscription. Unless we otherwise communicate a different time period to you at the time of sign up (such as a multi-month commitment plan), each Break The Love cycle is one month in length (a “Membership Cycle”), and will automatically renew each month until your membership is cancelled or terminated.

d) Membership Plans. We may offer a number of membership plans, including special promotional plans or memberships, with differing conditions and limitations. We reserve the right to modify, terminate or otherwise amend our offered membership plans.

e) Availability and Allocation. Break The Love does not guarantee the availability of particular Venues, locations, classes or other inventory, and availability may change over time, including during the course of any given Membership Cycle. The type, quantity, allocation and availability of Venues, classes, and other inventory offered are determined by Break The Love in its sole discretion. As such, Break The Love takes certain steps to release, promote and otherwise make available inventory at varying times and in an ongoing and evolving way.

f) Use of Break The Love. Your Break The Love membership is personal to you and you agree not to create more than one account. Members cannot transfer or gift classes to third parties, including other Break The Love members. Break The Love may not be used for commercial purposes. To use your Break The Love membership you must have access to the Internet. We continually update and test various aspects of the Break The Love platform. We reserve the right to, and by using our service you agree that we may, include you in or exclude you from these test without notice.

4. Your Use Of The App

Break The Love’s community, like any community, functions best when its Users follow a few simple rules. By accessing and/or using the App, you agree to comply with these Guidelines and that: Your use of the App including any content you submit, will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations. You will not:

  • Harass, threaten, disrupt or defraud users, members or staff of Break The Love or Courts or otherwise create or contribute to an unsafe, harassing, threatening or disruptive environment;
  • Make unsolicited offers, advertisements, proposals, or send junk mail or “spam” to users;Impersonate another person or access another user’s account;
  • Share Break The Love-issued passwords with any third party or encourage any other user to do so;
  • Permit anyone to use any classes or services booked under your own membership, including other members;
  • Reserve or cancel any Break The Love class directly with a Court, rather than through the Break The Love App,
  • Misrepresent the source, identity, or content of information transmitted via the App, including deleting the copyright or other proprietary rights;
  • Upload material (e.g. virus) that is damaging to computer systems or data of Break The Love or users of the App;
  • Upload copyrighted material that is not your own or that you do not have the legal right to distribute, display, and otherwise make available to others; or
  • Use the App in a manner (as determined by Break The Love in its sole and absolute discretion) that is illegal, infringing, defamatory, harassing, or abusive, that violates the privacy or publicity rights of another User or any other third party, or that is otherwise objectionable;. you will not use the App for hate speech, hate crimes or violence; pornographic, embarrassing, racially or ethnically insulting, libelous, or otherwise inappropriate content;
  • Copy or distribute in any medium any part of the App, except where expressly authorized by Break The Love; you will not access Break The Love Content or User Content (as those terms are defined below) through any technology or means other than through the App itself, or as Break The Love may designate;

Break The Love reserves the right to modify, change, or discontinue any aspect of the App.

5. Prohibited Uses

As a condition of your use of the App, you will not use the App for any purpose that is unlawful or prohibited by these Terms. You may not use the App in any manner that could damage, disable, overburden, or impair it or interfere with any other party’s use and enjoyment of the App. You may not attempt to gain unauthorized access to the App, or any part of the App, other accounts, computer systems or networks connected to the App, or any part of them, through hacking, password mining, or any other means or interfere or attempt to interfere with the proper working of the App or any activities conducted on the App. You may not remove, circumvent, disable, damage or otherwise interfere with security-related features of the App, any features that prevent or restrict use or copying of any content accessible through the App, or any features that enforce limitations on the use of the App or the content therein. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the App. You agree neither to modify the App in any manner or form, nor to use modified versions of the App, including (without limitation) for the purpose of obtaining unauthorized access to the App. The App may contain robot exclusion headers. You agree that you will not use any robot, spider, scraper, or other automated means to access the App for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the App.Break The Love reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

6. Sign-In Name; Password, unique Identifiers

You may be asked to register in order to use the App or certain services including, but not limited to, Break The Love’s newsletter. If required to register to use the App, you must create an account, including a sign-in name ("Sign-In Name"), a password ("Password"), and perhaps certain additional information that will assist in authenticating your identity when you log-in in the future ("Unique Identifiers"). When creating your account, you agree to provide accurate, current and complete information about yourself and to promptly update this information to maintain its accuracy. Each Sign-In Name and corresponding Password can be used by only one user. You are solely responsible for the confidentiality and use of any information you provide, as well as for any use, misuse, or communications entered through the App using such information. You will promptly inform us of any need to deactivate a Password or Sign-In Name, or change any Unique Identifier. Break The Love will not be liable for any loss or damage caused by any unauthorized use of your registration information. Break The Love has the right to delete, change, suspend or terminate your registration, your Sign-In Name and Password, and/or this Agreement in our sole discretion at any time and for any reason, and to refuse any and all current or future use of the App if it suspects that such information is inaccurate or incomplete.

7. Beta Features

From time to time, Break The Love may invite you to try pre-release services, products, features, or functionalities that are made available to you to use and evaluate ("Beta Features"). You may accept or decline any such trial in your sole discretion. An important part of this beta process is getting real-world testing of the Beta Features before a general release. If you agree to participate in a beta trial, the following additional terms and conditions will apply:

  • You acknowledge that Beta Features are for evaluation purposes only and not for production use, are not considered part of the App under this Agreement, are not supported, are provided "AS IS" with no warranties of any kind, and may be subject to additional terms.
  • Unless otherwise stated, any Beta Feature trial period will expire upon the date that a version of the Beta Feature becomes generally available or we elect to discontinue such Beta Feature.
  • We may discontinue Beta Features at any time in our sole discretion and may never make them generally available.
  • WE WILL HAVE NO LIABILITY FOR ANY HARM OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH A BETA FEATURE, AND YOU USE ANY BETA FEATURE AT YOUR OWN RISK.
  • You agree that we shall be free to use, reproduce, disclose, and otherwise exploit any and all such Feedback without compensation or attribution to you.

8. Intellectual Property

The content on the App as well as any content in the Beta Features, including without limitation the text (such as the articles found on our blog or in our daily newsletter), software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein ("Break The Love Content"), are owned by or licensed to Break The Love in perpetuity, and are subject to copyright, trademark, and/or patent protection in the United States and foreign countries, and other intellectual property rights under United States and foreign laws. Break The Love Content is provided to you "as is", "as available" and "with all faults" for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of Break The Love. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this Agreement. Break The Love reserves all rights not expressly granted in the App, and this Agreement does not transfer ownership of any of these rights.

If you violate any part of this Agreement, your permission to access and/or use Break The Love Content and the App automatically terminates and you must immediately destroy any copies you have made of Break The Love Content.

The trademarks, service marks, and logos of Break The Love ("Break The Love Trademarks") used and displayed on the App, or on any Beta Features are registered and unregistered trademarks or service marks of Break The Love. Other company, product, and service names located on the App or any Beta Features may be trademarks or service marks owned by others (the "Third-Party Trademarks," and, collectively with Break The Love Trademarks, the "Trademarks"). Nothing on the App or any Beta Features should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Break The Love Trademarks inures to our benefit.

The App and any Beta Features have been specially designed to present Break The Love Content in a unique format and appearance. We are concerned about the integrity of Break The Love Content when it is viewed in a setting created by a third party that includes advertising or other materials that we have not authorized to be displayed with our content. Elements of the App and the Beta Features are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. Neither you nor any third party shall make use of Break The Love Content in any manner that constitutes an infringement of our rights, including copyright, or that has not been authorized by us.

9. Termination Or Modification By Break The Love

a) Termination or Modification. You understand and agree that, at any time and without prior notice Break The Love may (1) terminate, cancel, deactivate and/or suspend your subscription, your account, any orders placed, or your access to or use of the App or your membership (or any portion thereof, including your access to any or all Venues or services) and/or (2) discontinue, modify or alter any aspect, feature or policy of the App or your subscription. This includes the right to terminate or modify any subscription prior to the end of any pre-paid or committed period. Upon any termination, we may immediately deactivate your account and all related information and/or bar any further access to your account information and the App. Upon any such termination by us without cause, as your sole recourse, we will issue you a pro rata refund of the prepaid portion of your subscription applicable to future unused services (less any fees or costs for classes or services already used). If we determine that you have violated these Terms or otherwise engaged in illegal or improper use of your membership or the App, you will not be entitled to any refund and you agree that we will not be responsible to pay any such refund. You agree that Break The Love will not be liable to you or any third party for any termination or modification to the service regardless of the reason for such termination or modification. You acknowledge that your only right with respect to any dissatisfaction with any modification or discontinuation of service made by us is to cancel or terminate your subscription.

b) Infringing or Fraudulent Activity. Break The Love does not permit copyright infringing activities and reserves the right to terminate access to the App and remove all content submitted by any persons who are found to be infringers. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the App may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Break The Love may have at law or in equity.

10. Ownwership; proprietary Rights

The Break The Love website and mobile applications are owned and operated by Break The Love LLC. The visual interfaces, graphics, design, compilation, information, computer code, products, software (including any downloadable software), services, and all other elements of the App provided by Break The Love (“Materials”) are protected by the copyright, trade dress, patent, and trademark laws of the United States and other countries, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any content uploaded by you, all Materials contained on the App are the copyrighted property of Break The Love or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Break The Love or its affiliates and/or third-party licensors. Except as expressly authorized by Break The Love, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.

11. Third-party Apps, products And Services; Links

The App may include links or access to other web sites or services (“Linked Apps”) solely as a convenience to users. Break The Love does not endorse any such Linked Apps or the information, material, products, or services contained on other linked sites or accessible through other Linked Apps. Furthermore, Break The Love makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through linked sites. ACCESS AND USE OF LINKED APPS, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON LINKED APPS OR AVAILABLE THROUGH LINKED APPS, IS SOLELY AT YOUR OWN RISK.

Sometimes promotional plans are offered in conjunction with the provision of third party products and services. We are not responsible for the products and services provided by such third parties, and use of such products and services is at your own risk.

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the App are solely between you and such advertiser. YOU AGREE THAT Break The Love WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON THE APP.

12. Notice

Except as explicitly stated otherwise, legal notices will be served, with respect to Break The Love LLC, on Break The Love’ national registered agent, and, with respect to you, to the email address you provide to Break The Love during the registration process. Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice will be deemed given three days after the date of mailing.

13. Electronic Signature And Agreements

You acknowledge and agree that by clicking on the button labeled “CONFIRM PURCHASE,” "SUBMIT", "DOWNLOAD", “PLACE MY ORDER”, "I ACCEPT" or such similar links as may be designated by Break The Love to accept the terms and conditions of these Terms, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by these Terms. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the "E-Sign Act") or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE APP OR SERVICES OFFERED BY Break The Love. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.

14. Disclaimers; No Warranties

BREAK THE LOVE DOES NOT PROVIDE MEDICAL ADVICE THE APP IS FOR CONSUMER EDUCATIONAL USE ONLY. NOTHING CONTAINED IN THE APP OR THE SERVICE IS OR SHOULD BE CONSIDERED, OR USED AS A SUBSTITUTE FOR, MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. THE SERVICES AND THE APP ARE HERE TO EDUCATE CONSUMERS ON HEALTH CARE AND MEDICAL ISSUES THAT MAY AFFECT THEIR DAILY LIVES. THIS APP AND THE SERVICES DO NOT CONSTITUTE THE PRACTICE OF ANY MEDICAL, NURSING OR OTHER PROFESSIONAL HEALTH CARE ADVICE, DIAGNOSIS OR TREATMENT. WE ADVISE USERS TO ALWAYS SEEK THE ADVICE OF A PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER WITH ANY QUESTIONS REGARDING PERSONAL HEALTH OR MEDICAL CONDITIONS. NEVER DISREGARD, AVOID OR DELAY IN OBTAINING MEDICAL ADVICE FROM YOUR DOCTOR OR OTHER QUALIFIED HEALTHCARE PROVIDER BECAUSE OF SOMETHING YOU HAVE READ ON THE SERVICE. IF YOU HAVE OR SUSPECT THAT YOU HAVE A MEDICAL PROBLEM OR CONDITION, PLEASE CONTACT A QUALIFIED HEALTH CARE PROFESSIONAL IMMEDIATELY. IF YOU ARE IN THE UNITED STATES AND ARE EXPERIENCING A MEDICAL EMERGENCY, PLEASE CALL 911 OR CALL FOR EMERGENCY MEDICAL HELP ON THE NEAREST TELEPHONE.

THE APP AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE APP ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Break The Love, ON BEHALF OF ITSELF AND ITS SUPPLIERS AND PARTNERS, DISCLAIMS AND EXCLUDES ALL WARRANTIES, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.

WITHOUT LIMITING THE FOREGOING, BREAK THE LOVE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS (I) THAT THE APP AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE APP WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE APP OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (II) REGARDING THE USE OF THE APP AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE APP IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. ANY MATERIAL OR DATA THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE APP IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS SET FORTH IN THESE TERMS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

15. Waiver And Release

You understand that Break The Love is not a gym or fitness studio or other service provider and the classes you take or services you use are operated and delivered by the applicable Court and not by Break The Love. Although Break The Love endeavors to offer inventory that is of high quality, Break The Love is not responsible for the quality of any class or service. You understand that there are certain inherent risks and dangers in exercising and that the classes you may attend offer a range of activity and intensity level. By signing up for a Break The Love membership, you acknowledge and agree, on behalf of yourself, your heirs, personal representatives and/or assigns that you are aware of these risks which include, but are not limited to, property damage, illness and bodily injury or death. You acknowledge that some of these risks cannot be eliminated and you specifically assume the risk of injury or harm. You acknowledge and agree that it is your responsibility to consult with your primary care physician prior to participating and to determine if and how participating in any class or service is appropriate for you. You also understand and agree that the App offers health and fitness information that is designed for informational, educational and entertainment purposes only. The use of any of the information provided on the App is solely at your own risk.

Therefore, to the fullest extent permitted by law, you release, indemnify, and hold harmless Break The Love, its parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages and liabilities arising out of or in any way related to your participation in or use of your Break The Love membership or the App, including with respect to bodily injury, physical harm, illness, death or property damage.

16. Indemnification; Hold Harmless

You agree to indemnify and hold Break The Love, its affiliated companies, and its suppliers and partners harmless from any claims, losses, damages, liabilities, including attorneys’ fees, arising out of your misuse of the App, violation of these Terms, violation of the rights of any other person or entity, or any breach of your representations, warranties, and covenants set forth in these Terms.

17. Limitation Of Liability And Damages

UNDER NO CIRCUMSTANCES WILL BREAK THE LOVE OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND PRODUCT LIABILITY), OR OTHERWISE, EVEN IF Break The Love HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, Break The Love’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

BREAK THE LOVE’S’ LIABILITY TO YOU IS LIMITED TO $50 OR THE AMOUNTS, IF ANY, PAID BY YOU TO BREAK THE LOVE UNDER THIS AGREEMENT IN THE THREE MONTHS IMMEDIATELY PRIOR TO THE EVENT FIRST GIVING RISE TO THE CLAIM, WHICHEVER IS MORE. THE FOREGOING LIMITATIONS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF WHETHER Break The Love HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

18. Court Waiver And Terms

Members taking playing or attending a court are deemed to agree to the liability waivers of individual Venues. Your participation in any class or service may be subject to addition policies, rules or conditions of the applicable Court and you understand and agree that you may not be permitted to reserve or attend classes or services if you do not comply with these Terms or the policies of the Courts. If you have questions about a Court’s waiver or other terms, please see the applicable Court’s website or contact the Venue directly.

19. Infringement And Policy Court

Notification of copyright infringement If you are a copyright owner or an agent thereof, and you believe that any content hosted on the Site infringes your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Designated Copyright Agent with the information listed in the below DMCA Notice in writing (see 17 U.S.C § 512(c)(3) for further detail). Upon receipt of the Notice as described below, ClassPass will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Sites. You acknowledge that if you fail to comply with all of the requirements listed below, your Notice may not be valid.

DMCA Notice of alleged infringement (“notice”)

  1. Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.
  2. Identify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site(s) where such material may be found.
  3. Provide your mailing address, telephone number, and, if available, email address.
  4. Include both of the following statements in the body of the Notice:
  5. “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
  6. “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
  7. Provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed, to Break The Love’ Designated Copyright Agent:

Copyright Agent

c/o Break The Love LLC.

28-10 Jackson Avenue, 3C

WLong Island City, 11101 NY

For clarity, only DMCA notices should go to the Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to Break The Love customer service hello@breakthelove.com.

20. Arbitration Agreement

PLEASE READ THE FOLLOWING CAREFULLY:

a) Purpose. This Arbitration Agreement facilitates the prompt and efficient resolution of any disputes that may arise between you and Break The Love. Arbitration is a form of private dispute resolution in which parties to a contract agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such dispute(s) decided in a lawsuit, in court, by a judge or jury trial.

Please read this Arbitration Agreement carefully. It provides that all disputes between you and Break The Love shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Entering into this Arbitration Agreement constitutes a waiver of your right to litigate claims in court and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this Arbitration Agreement and can award the same damages and relief as a court (including attorney’s fees).

For the purpose of this Arbitration Agreement, “Break The Love” means Break The Love and its parents, subsidiaries, and affiliated companies, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between you and Break The Love regarding any aspect of your relationship with Break The Love, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, gross negligence or reckless behavior), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Arbitration Agreement (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced.

WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS ARBITRATION AGREEMENT.

b) Pre-Arbitration Dispute Resolution. Before initiating any Dispute, whether in court or arbitration, you must first give Break The Love an opportunity to resolve the Dispute by mailing written notification to Break The Love, Legal Department, P.O. Box 20196, Greeley Sq. Station, New York, NY 10001. That written notification must include (1) your name, (2) your address, (3) a written description of the Dispute, and (4) a description of the specific relief you seek. If Break The Love does not resolve the Dispute to your satisfaction within 45 days after it receives your written notification, you may pursue your Dispute in arbitration.

c) Arbitration Procedures. If the Dispute is not resolved as provided above in the Pre-Arbitration Claim Resolution section, either you or Break The Love may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Arbitration Agreement. For arbitration before the AAA, for Disputes in which less than $75,000 is at issue, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. In the event that this Arbitration Agreement conflicts with the applicable arbitration rules, this Arbitration Agreement shall govern. Under no circumstances will class action procedures or rules apply to the arbitration. Because your contract with Break The Love, the Terms of Use, and this this Arbitration Agreement concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.

d) Arbitration Award. The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator shall make any award in writing but need not provide a statement of reasons unless requested by a party. Such award by the arbitrator will be final and binding on the parties, except for any right of appeal provided by applicable federal law, including but not limited to the Federal Arbitration Act (“the FAA”), and may be entered in any court having jurisdiction over the parties for purposes of enforcement.

e) Location of Arbitration. Arbitration shall take place in New York County, New York, but it may proceed by telephone if you so choose.

f) Payment of Arbitration Fees and Costs. Break The Love will pay all arbitration filing fees and arbitrator’s costs and expenses upon your written request given prior to the commencement of the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law.

g) Class Action Waiver. Any Disputes arising out of or relating to any purchase you make on or through the App, any information you provide via the App, these Terms (including the formation, performance, or alleged breach), and your use of the App shall be submitted individually by you and will not be subject to any class action or representative status. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, representative action, consolidated action or private attorney general action) . Neither you, nor any other Member of Break The Love and/or user of Break The Love services, can be a class representative, class member, or otherwise participate in a class, representative, consolidated or private attorney general proceeding with respect to the matters set forth in the first sentence of this paragraph. You agree that this Class Action Waiver is material and essential to the arbitration of any dispute between you and Break The Love and is nonseverable from the Arbitration Agreement. If any portion of this Class Action Waiver is limited, voided, or cannot be enforced, then the Arbitration Agreement shall be null and void. You understand that by agreeing to this Class Action Waiver, you may only pursue Dispute against Break The Love in an individual capacity and not as a plaintiff or class member in any purported class action or representative proceeding.

h) Limitation of Procedural Rights. You understand and agree that, by entering into this Arbitration Agreement, you and Break The Love are each agreeing to arbitration instead of the right to a trial before a judge or jury in a public court. In the absence of this Arbitration Agreement, you and Break The Love might otherwise have a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). By using the Break The Love App and products and services, you are entering into this Arbitration Agreement, and you give up those procedural rights. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited in arbitration. The right to appellate review of an arbitrator’s decision is much more limited than in court, and in general an arbitrator’s decision may not be appealed for errors of fact or law.

i) Severability. If any clause within this Arbitration Agreement, other than the Class Action Waiver clause above, is found to be illegal or unenforceable, that clause will be severed from this Arbitration Agreement, and the remainder of this Arbitration Agreement will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, then this entire Arbitration Agreement will be unenforceable and the Dispute will be decided by a court of competent jurisdiction.

j) Continuation. This Arbitration Agreement shall survive the termination of your contract with Break The Love and your use of the Break The Love App and services.

21. Miscellaneous

a) Choice of Law; Forum. These Terms shall be governed in all respects by the laws of the State of New York, without regard to conflict of law provisions.

b) Assignment. We may assign our rights and obligations under these Terms. The Terms will inure to the benefit of our successors, assigns and licensees.

c) Severability. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. d) Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.

e) Entire Agreement. These Terms and any applicable Additional Terms, as each may be amended as set forth herein, are the entire agreement between you and Break The Love relating to the subject matter herein.

f) Claims; Statute of Limitations. YOU AND Break The Love AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR THE APP MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

g) Disclosures. The services hereunder are offered by Break The Love LLC.., located at: 243 Steele Road #312B West Hartford CT 06117. Contact us here. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.

h) Waiver. No waiver of any of these Terms by Break The Love is binding unless authorized in writing by an executive officer of Break The Love. In the event that Break The Love waives a breach of any provision of these Terms, such waiver will not be construed as a continuing waiver of other breaches of the same nature or other provisions of these Terms and will in no manner affect the right of Break The Love to enforce the same at a later time.

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