End User License Agreement
Last update: Apr 2, 2021
Before using our Services, please read the terms of the following End User License Agreement ("EULA", or "Agreement"). If you use ABC Solutions Services in any form, you irrevocably and unconditionally accept and adhere to these EULA and confirm that you agree to be bound by this Agreement without any exemptions, limitations and exclusions. In the event you disagree with any provision hereof and would not like to be bound by this Agreement you are not entitled to use the Services for any purpose.
1. General Provisions
1.1. "A B C Solutions DWC-LLC", Business Center Logistics City, Dubai Aviation City, P.O.Box: 390667, Dubai, U.A.E., together with our affiliates ("A B C Solutions DWC-LLC", ,"ABC Solutions", "we", or "us") provides an online fitness community and related products, services, content and features through ABC Solutions websites, such as those for our studio, support, blog, and other pages (the "ABC Solutions Site(s)", "Site(s)", "ABC Solutions Website(s)", or "Website(s)"), the interfaces on tablets connected to ABC Solutions fitness equipment (such as the ABC Solutions Alpha smart dumbbells), ABC Solutions's fitness studios, and through mobile, desktop, or device applications (including iOS, tvOS, Android and AndroidTV applications ("Apps")) and ABC Solutions-controlled social media pages (including on Facebook, Instagram, and Twitter). To make this Agreement easier to read, the ABC Solutions Sites and Apps, along with the ABC Solutions tablet and studio interfaces and ABC Solutions-controlled social media pages are collectively called the ABC Solutions "Service" or "Services". By registering as a member or by visiting, browsing, or using the ABC Solutions Service in any way, you (as a "user") accept and agree to be bound by this End User License Agreement, which forms a binding agreement between you and ABC Solutions.
1.2. This Agreement can be altered by ABC Solutions without any special notice, the new version of the Agreement comes into force from the moment it is posted on the Internet, unless otherwise provided by the new version of the Agreement.
1.3. The term 'you' refers to a natural individual who uses the Site and places orders for Products and use of the ABC Solutions Services for personal use. If you represent a legal entity or are interested in using ABC Solutions products for non-personal purposes, please contact us at sales@abc-solutions.ae and we will try to provide special commercial terms.
1.4. If you do not want to comply with the terms of this Agreement in full, you may not use the Services for any purpose. Using the Services in violation (non-fulfillment) of any of the terms of the Agreement is prohibited. Certain elements of the ABC Solutions Service may be subject to additional terms specified from time to time; Your use of these elements of the ABC Solutions Service is subject to additional terms that are incorporated into this Agreement through this clause.
2. Who May Use the ABC Solutions Service
2.1. Age Requirement. You must be at least 18 years old, or the age of legal majority in your jurisdiction of residence, to purchase a ABC Solutions membership subscription and become a Membership Holder (as defined in the Terms of Service). Minors may participate in ABC Solutions classes in Studios, provided that such individuals: (a) they and their parents / guardians have signed ABC Solutions's liability waiver; and (b) their parent or legal guardian will provide supervision.
2.2. We may, in our sole discretion, refuse to offer the ABC Solutions Service to any person or entity and change the eligibility criteria at any time. You are solely responsible for ensuring that these Terms are in compliance with all laws, rules and regulations applicable to you, and the right to access and use the ABC Solutions Service is revoked where these Terms or use of the ABC Solutions Service is prohibited or conflicts with any applicable law, rule or regulation. Further, the ABC Solutions Service is offered only for your personal, non-commercial use, and not for the use or benefit of any third party.
3. License to Use the ABC Solutions Service
3.1. License. Subject to your compliance with these Terms and solely for so long as you are permitted by us to access and use the ABC Solutions Service, ABC Solutions grants you a limited, non-transferable, non-exclusive, revocable right and license to access and use the ABC Solutions Service for your own personal, non-commercial purposes, a right which may not be assigned or sublicensed to anyone. This license includes the right to view Content (defined below) available on the ABC Solutions Service and the right to download one copy of the application to any single device for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices.
3.2. Restrictions. Except as expressly permitted in writing by an authorized representative of ABC Solutions, you will not reproduce, redistribute, sell, transfer, create derivative works from, decompile, reverse engineer, or disassemble the ABC Solutions Service, nor will you take any measures to interfere with or damage the ABC Solutions Service. Unless otherwise specified, copying or modifying any Content or using Content for any purpose other than your personal, non-commercial use of the ABC Solutions Service, including use of any such Content on any other website or networked computer environment, is strictly prohibited. All rights not expressly granted by ABC Solutions in these Terms are reserved.
4. Privacy
Our Privacy Policy forms a part of these Terms. Please review the Privacy Policy to learn about:
• What information we may collect about you;
• What we use that information for; and
• With whom we share that information.
5. Membership Requirements Registration
5.1. To enjoy full access to the ABC Solutions Service, you must register as a member of the ABC Solutions Service and enter into a subscription agreement for access to our live and on-demand classes, Content and features (a "Subscription"). Your Subscription is also governed by the Terms of Service. You must provide complete and accurate registration information to ABC Solutions, complete the Subscription process, and notify us if any of your information changes. If you fail to keep your account information up to date, we may have to suspend or terminate your Subscription.
5.2. In-Studio Classes and Membership. Participation in our in-studio live classes is subject to additional fees that are separate from the Subscription fees for ABC Solutions's online Content. You must have an account registered on our studio website in order to sign up for in-studio classes and/or purchase studio memberships, but you are not required to have a Subscription. Additional information about our in-studio class packs and memberships is available on our studio website.
5.3. Profile Information and Picture. You may not use someone else's name, or any name, location, other public profile information or image that violates any third party rights, is against the law, or that is offensive, obscene or otherwise objectionable (in ABC Solutions's sole discretion).
5.4. Account Security. You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You may not allow others to use your account. You must safeguard the confidentiality of your password, and if you are using a device that others have access to, log out of your account after using the ABC Solutions Service. If you become aware of an unauthorized access to your account, change your password and notify our Support team immediately.
6. Membership Structure and Fees
ABC Solutions will provide information on its then-current in-studio membership and Subscription requirements on the ABC Solutions Site and/or by other means through the ABC Solutions Service. Features and prices are subject to change.
7. Sale of Products
7.1. ABC Solutions accepts orders for the ABC Solutions Alpha smart dumbbells and any other equipment, apparel or accessories that we may offer through the ABC Solutions Site or at ABC Solutions retail showrooms. Unfortunately, availability of products cannot be guaranteed. Please note that product, service and other information provided is subject to corrections and changes without notice. Advertising depictions, graphics and diagrams are for illustrative purposes only and may not accurately reflect actual product or component availability. Colors, styles and other variants depicted are for illustration only and are subject to change. Errors will be corrected where discovered, and we reserve the right to revoke any stated offer and to correct any errors, inaccuracies or omissions.
7.2. Unless otherwise specified at the time of purchase, you must pay for products when you place the order. All products ordered will be delivered to the shipping address you provide. We reserve the right to cancel an order placed by you at any time and for any lawful reason prior to our delivery of the product(s) and receipt of payment in full from you, provided that we will refund any fees that you prepaid for those products if we cancel. We may send an acknowledgment of receipt of your order to the email address you provide and/or proof of purchase information through the ABC Solutions Site or to your email address after your payment has been processed. Please see our ABC Solutions Alpha Warranty and Return Policy for further information about ABC Solutions products. Purchases made in third-party shops are subject to the corresponding Return Policies
8. Termination; Account Deletion
8.1. Term. These Terms begin on the date you first use the ABC Solutions Service and continue as long as you have an account with us and/or continue to use the ABC Solutions Service.
8.2. Termination. ABC Solutions may, in ABC Solutions's sole discretion, suspend, disable, or delete your account (or any part thereof) or block or remove any User Content (defined below) that you submitted, for any lawful reason, including if ABC Solutions determines that you have violated these Terms or that your conduct or User Content would tend to damage ABC Solutions's reputation or goodwill. If ABC Solutions deletes your account, you may not re-register for or use the ABC Solutions Service under any other user name or profile. ABC Solutions may block your access to the ABC Solutions Service to prevent re-registration.
8.3. Effect of Termination / Account Deletion. Upon termination of these Terms all licenses granted by ABC Solutions will terminate. The following sections survive termination: Privacy (Section 4), User Content (Section 9), Indemnification (Section 13), No Warranties (Section 16), Limitation of Liability (Section 17), Safety Warnings (Section 18), Intellectual Property (Section 20), Contracting Entities, Governing Law and Jurisdiction (Section 21), and all general provisions. In the event of account deletion for any reason, User Content may no longer be available and ABC Solutions is not responsible for the deletion or loss of such User Content. For clarity, if you cancel your Subscription or it is terminated for any reason, you will lose access to all live and on-demand classes and any other Content or features provided through the ABC Solutions Service. ABC Solutions, in its sole discretion, may make available a very limited amount of Content or features to non-subscribers from time to time, and any use of that Content is governed by these Terms.
9. User Content
9.1. "Content" means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the ABC Solutions Service; and (ii) "User Content" means any content that users (including you) provide to be made available through the ABC Solutions Service. Content includes, without limitation, User Content.
9.2. Any User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content submitted by or on behalf of you is accurate, complete, up-to-date, and in compliance with these Terms and with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the ABC Solutions Service is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. To the full extent permitted by law, we make no representations, warranties or guarantees with respect to any Content that you access on or through the ABC Solutions Service.
9.3. As between you and ABC Solutions, you represent that you own (or have all rights necessary to grant ABC Solutions the rights below to) all User Content that you submit to the ABC Solutions Service, and that ABC Solutions will not need to obtain licenses from any third party or pay royalties to any third party in order to use such User Content. You grant ABC Solutions a worldwide, perpetual, irrevocable, non-exclusive, sublicensable (through multiple tiers), transferable royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or later created), edit, modify, and make derivative works from your User Content (including, without limitation, translations) for any purpose whatsoever, commercial or otherwise, without compensation to you. In addition, you waive any so-called "moral rights" or rights of privacy or publicity in your User Content. You further grant all users of the ABC Solutions Service permission to view your User Content for their personal, non-commercial purposes. If you make suggestions to ABC Solutions or through the ABC Solutions Service about improving or adding new features or products to the ABC Solutions Service or you otherwise provide feedback, product or service reviews or testimonials, you hereby grant to ABC Solutions a worldwide, perpetual, irrevocable, non-exclusive, sublicensable (through multiple tiers), transferable royalty-free license and right to use, copy, modify, create derivative works based upon and otherwise exploit your suggestions, feedback, reviews and testimonials for any purpose (including for marketing), without any notice, compensation or other obligation to you.
9.4. You can remove your User Content by specifically deleting it. However, in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the ABC Solutions Service. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
10. Rights and Terms for Apps
10.1 Rights in App Granted. Subject to your compliance with these Terms, ABC Solutions grants to you a limited non-exclusive, non-transferable, revocable license, with no right to sublicense, to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means. ABC Solutions reserves all rights in and to the App not expressly granted to you under these Terms.
10.2. Accessing App from an App Store. The following terms apply to any App accessed through or downloaded from any app store or distribution platform (like the Apple App Store or Google Play) where the App may now or in the future be made available (each an "App Provider"). You acknowledge and agree that:
10.2.1. These Terms are between you and ABC Solutions, and not with the App Provider, and ABC Solutions (not the App Provider), is solely responsible for the App.
10.2.2. The App Provider has no obligation to furnish any maintenance and support services with respect to the App.
10.2.3. In the event of any failure of the App to conform to any applicable warranty, you may notify the App Provider, and the App Provider will refund the purchase price for the App to you (if applicable) and, to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of ABC Solutions.
10.2.4. The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and 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; and (iii) claims arising under consumer protection or similar legislation.
10.2.5. In the event of any third party claim that the App or your possession and use of that App infringes that third party's intellectual property rights, ABC Solutions will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
10.2.6. The App Provider and its affiliates are third-party beneficiaries of these Terms as related to your license to the App, and that, upon your acceptance of the Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third-party beneficiary thereof.
10.2.7. You must also comply with all applicable third party terms of service when using the App.
11. General Prohibitions and ABC Solutions's Enforcement Rights
11.1. You agree not to do any of the following:
11.1.1. Post, upload, publish, submit or transmit any User Content or engage in any activity that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person, animal, or entity; (vii) exploits minors or (viii) promotes illegal or harmful activities or substances;
11.1.2. Download and/or install any third party software and/or application on any ABC Solutions hardware (excluding assistive technologies that are necessary for your own use of the ABC Solutions Service, such as screen-readers) that is not expressly permitted by ABC Solutions in writing;
11.1.3. Use, display, mirror or frame the ABC Solutions Service or any individual element within the ABC Solutions Service, ABC Solutions's name, any ABC Solutions trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without ABC Solutions's express written consent;
11.1.4. Access, tamper with, or use non-public areas of the ABC Solutions Service, ABC Solutions's computer systems, or the technical delivery systems of ABC Solutions's providers;
11.1.5. Attempt to probe, scan or test the vulnerability of any ABC Solutions system or network or breach any security or authentication measures;
11.1.6. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by ABC Solutions or any of ABC Solutions's providers or any other third party (including another user) to protect the ABC Solutions Service or Content;
11.1.7. Attempt to access, scrape or search the ABC Solutions Service or Content or download Content from the ABC Solutions Service, including through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools, plugins, add-ons or the like), other than the software and/or search agents provided by ABC Solutions or other generally available third-party web browsers;
11.1.8. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
11.1.9. Use any meta tags or other hidden text or metadata utilizing a ABC Solutions trademark, logo URL or product name without ABC Solutions's express written consent;
11.1.10. Use the ABC Solutions Service or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms or permitted expressly in writing by ABC Solutions;
11.1.11. Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the ABC Solutions Service or Content to send altered, deceptive or false source-identifying information;
11.1.12. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the ABC Solutions Service or Content;
11.1.13. 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 ABC Solutions Service;
11.1.14. Collect or store any personally identifiable information from the ABC Solutions Service from other users of the ABC Solutions Service without their express permission;
11.1.15. Copy, use, index, disclose or distribute any information or data obtained from the ABC Solutions Service, whether directly or through third parties (such as search engines), without ABC Solutions's express written consent;
11.1.16. Alter, replicate, store, distribute or create derivatives from the Content available via the ABC Solutions Service except as expressly permitted in writing by ABC Solutions;
11.1.17. Impersonate or misrepresent your affiliation with any person or entity;
11.1.18. Access, use or exploit the ABC Solutions Service in any manner (other than as expressly permitted by these Terms), including to build, develop (or commission the development of), replicate, or consult upon any product or service that may compete (directly or indirectly) with ABC Solutions or the ABC Solutions Service;
11.1.19. Violate any applicable law or regulation; or
11.1.20. Encourage or enable any other individual to do any of the foregoing.
11.2. Although we're not obligated to monitor access to or use of the ABC Solutions Service or Content or to review or edit any User Content, we have the right to do so for the purpose of operating the ABC Solutions Service, to ensure compliance with these Terms, to comply with applicable law or other legal requirements and to maintain the integrity and reputation of the ABC Solutions Service and ABC Solutions's systems. We reserve the right, but are not obligated, to remove or disable access to any User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any User Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the ABC Solutions Service. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
12. Member Interactions, Dealings with Third Parties
12.1. When interacting with other ABC Solutions members, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other people you don't know. Your participation, correspondence or personal or business dealings with any third party found on or through the ABC Solutions Service, whether regarding payment or delivery of specific goods and services, donations or fundraisers, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that ABC Solutions is not responsible or liable for any loss, damage, injury, or other matters of any sort incurred as the result of such dealings. In addition, when visiting or taking classes at any of our studios, please be advised that ABC Solutions is not responsible for any lost or stolen items and that visitors, guests and members are required to adhere to then-current policies in place at that studio and the directions of that studio's employees and representatives.
13. Indemnification
13.1. You agree to indemnify, defend, and hold harmless ABC Solutions and its directors, officers, employees, and agents, from and against all claims, damages, losses and costs that arise from or relate to (i) your activities on the ABC Solutions Service, (ii) any User Content submitted by or on behalf of you or (iii) your violation of these Terms.
14. Third Party Software and Applications
14.1. Downloading and/or installing any third party software and/or applications that are not expressly authorized by ABC Solutions on any ABC Solutions hardware constitutes a breach of these Terms; any such downloading or installation is done at your own risk and may void any applicable warranty or support commitments by ABC Solutions.
15. Third Party Links and Content
15.1. There may be links on the ABC Solutions Service that let you leave the particular ABC Solutions Service you are accessing in order to access a linked site that is operated by a third party. ABC Solutions neither controls nor endorses these sites, nor has ABC Solutions reviewed or approved the content that appears on them. ABC Solutions is not responsible for the legality, accuracy or inappropriate nature of any content, advertising, products or other materials on or available from any such third party sites. You acknowledge and agree that ABC Solutions is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the access or use of any of the links, content, goods or services available on or through these third party sites.
16. No Warranties
16.1. ABC Solutions reserves the right to modify the ABC Solutions Service, including, but not limited to updating, adding to, enhancing, modifying, removing or altering any Content or features of the ABC Solutions Service, at any time, in its sole discretion. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the ABC Solutions Service. ABC Solutions has no obligation to screen or monitor any Content and does not guarantee that any Content available on the ABC Solutions Service is suitable for all users or that it will continue to be available for any length of time.
16.2. ABC Solutions provides the ABC Solutions Service on an "As is" and "As available" basis. You therefore use the ABC Solutions Service at your own risk. Other than as expressly provided in writing by ABC Solutions in connection with your purchase of a ABC Solutions product, to the extent permitted by law, ABC Solutions expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, quiet enjoyment and any other warranty that might arise under any law. Without limiting the foregoing, ABC Solutions makes no representations or warranties:
16.2.1. That the ABC Solutions Service is or will be permitted in your jurisdiction;
16.2.2. That the ABC Solutions Service will be uninterrupted or error-free;
16.2.3. Concerning any Content, including User Content;
16.2.4. Concerning any third party's use of User Content that you submit;
16.2.5. That the ABC Solutions Service will meet your personal or professional needs;
16.2.6. That ABC Solutions will continue to support any particular feature of the ABC Solutions Service; or
16.2.7. Concerning sites and resources outside of the ABC Solutions Service, even if linked to from the ABC Solutions Service.
To the extent that another party may have access to or view Content on your device, you are solely responsible for informing such party of all disclaimers and warnings in these Terms. To the extent any disclaimer or limitation of liability does not apply, to the fullest extent permitted by law, all applicable express, implied, and statutory warranties will be limited in duration to a period of 30 days after the date on which you first used the ABC Solutions service, and no warranties shall apply after such period.
17. Limitation of Liability
17.1. To the fullest extent permitted by law: (i) ABC Solutions shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, economic or pure economic losses, goodwill, use, data, service interruption, computer damage, system failure, inability to use the ABC Solutions Service or Content or other intangible losses, even if a limited remedy set forth herein is found to have failed its essential purpose; and (ii) ABC Solutions's total liability to you for all claims, in the aggregate, will not exceed the amount actually paid by you to ABC Solutions over the 12 months preceding the date your first claim(s) arose. If you live in a jurisdiction that does not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation does not apply to you. To the extent that one or any aspect of ABC Solutions's limitations set out above does not apply, all remaining aspects survive. The exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between ABC Solutions and you.
18. Safety Warnings
18.1. The ABC Solutions service offers health and fitness information and is designed for educational and entertainment purposes only. You should consult your physician or general practitioner before beginning a new fitness program. You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health, you should always consult with a physician, general practitioner or other health-care professional. Do not disregard, avoid or delay obtaining medical or health related advice from your healthcare professional because of something you may have read on the ABC Solutions site or heard on the ABC Solutions service. The use of information provided through the ABC Solutions service is solely at your own risk and is not medical or healthcare advice.
Nothing stated or posted on the ABC Solutions site or available through any ABC Solutions service is intended to be, and must not be taken to be, the practice of medical or counseling care. For purposes of these terms, the practice of medicine and counseling includes, without limitation, psychiatry, psychology, psychotherapy, or providing health care treatment, instructions, diagnosis, prognosis or advice. The ABC Solutions service is continually under development and, to the full extent permitted by law, ABC Solutions makes no warranty of any kind, implied or express, as to its accuracy, completeness or appropriateness for any purpose. In that regard, developments in medical research may impact the health, fitness and nutritional advice that appears here. No assurance can be given that the advice contained in the ABC Solutions service will always include the most recent findings or developments with respect to the particular material.
18.2. In becoming a user of ABC Solutions with the intent of using the ABC Solutions Service, you affirm that either (A) all of the following statements are true: (i) no physician or general practitioner has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician or general practitioner; (ii) you have never felt chest pain when engaging in physical activity; (iii) you have not experienced chest pain when not engaged in physical activity at any time within the past month; (iv) you have never lost your balance because of dizziness and you have never lost consciousness; (v) you do not have a bone or joint problem that could be made worse by a change in your physical activity; (vi) your physician or general practitioner is not currently prescribing drugs for your blood pressure or heart condition; (vii) you do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems; and (viii) you do not know of any other reason you should not exercise; or (B) your physician or general practitioner has been specifically consulted by you and approved of your use of the ABC Solutions Service.
18.3. If applicable, you further affirm that (i) you are not pregnant, breastfeeding or lactating; unless (ii) your physician or general practitioner has been specifically consulted and approved your use of the ABC Solutions Service.
18.4. ABC Solutions reserves the right to refuse or cancel your membership if we determine that you have certain medical conditions or that the representations set forth above are untrue in any respect.
19. Intellectual Property Acknowledgment
19.1. You acknowledge that the ABC Solutions Service contains software and other content that is protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All ABC Solutions-generated content, and content provided to ABC Solutions by its partners and licensors, is copyrighted individually and/or as a collective work under the U.S. copyright laws and all applicable international copyright (or equivalent) laws in all jurisdictions and protected under other intellectual property laws worldwide; further, as between you and ABC Solutions, ABC Solutions own intellectual property rights in the selection, coordination, arrangement and enhancement of all content in the ABC Solutions Service. Subject to your compliance with the terms of this Agreement, and only to the extent that we authorize you to access and use the ABC Solutions Service, you may download one copy of the application to any individual device for personal, non-commercial, home use only, provided that you keep copyright and other proprietary rights notices intact and you comply with the terms of this Agreement. If you comply with the terms of this Agreement, and only to the extent that we authorize you to access and use the ABC Solutions Service, ABC Solutions hereby grants you a limited, revocable, non-exclusive, non-transferable right and license to access and use ABC Solutions Service. The Content available from the ABC Solutions Service is provided for your personal, non-commercial use of the ABC Solutions Service and for no other purpose. Unless otherwise specified, copying or modifying any content, or using the content for any purpose other than your personal, non-commercial use of the ABC Solutions Service, including the use of any such content on any other website or networked computer environment, is strictly prohibited.
19.2. The ABC Solutions name, logos and related properties, designs and marks are the exclusive property of A B C Solutions DWC-LLC and / or its affiliates, whether registered or not, and may not be used in connection with any products or services that not the property of ABC Solutions, or in any other way that could cause confusion about our support, direct or indirect relationship, or sponsorship of any person, product or service. Nothing contained in the ABC Solutions Service should be construed as granting, directly or indirectly, any license or right to use any of our trade names, trademarks or other intellectual property without our express prior written consent.
19.3. Any other trademarks appearing on the ABC Solutions Service are trademarks of their respective owners. Our partners or service providers may also have additional ownership of the content they provide through the ABC Solutions Service. All rights not expressly granted in this Agreement are reserved.
20. Intellectual Property / DMCA Policy
20.1. ABC Solutions respects the intellectual property of others, and we ask our users to do the same. Each user is responsible for ensuring that their User Content does not infringe any third party's right or other intellectual property rights.
20.2. Upon proper notice that any material infringes a third party copyright, ABC Solutions will promptly remove such material from the ABC Solutions site in accordance with the US Digital Millennium Copyright Act ('DMCA') or equivalent laws applicable in other jurisdictions. In addition, ABC Solutions may remove copyright infringers' accounts if necessary.
20.3. Filing a DMCA (or Equivalent Legal Notice) Notice to Remove Copyright-Protected Content - For Copyright Holders:
If you believe that the ABC Solutions Service or any Content contains elements that infringe or misappropriate your copyrights or other intellectual property rights (or the intellectual property rights of others), please provide us with a written notice containing the following information:
• Your name, address, telephone number, and email address.
• A description of the copyrighted work that you claim has been infringed.
• A description of where on the ABC Solutions Site the material that you claim is infringing may be found, sufficient for ABC Solutions to locate the material (e.g., the URL).
• A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law.
• A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
• Your electronic or physical signature.
You may submit this information, or any counter-notice, via:
Email, with the subject line "Copyright Notices" to: copyright@abc-solutions.ae
Or via physical mail:
"A B C Solutions DWC-LLC",
Business Center Logistics City,
Dubai Aviation City,
P.O.Box: 390667,
Dubai, U.A.E.
20.4. ABC Solutions may disclose any communications, including your contact information, concerning DMCA or other applicable copyright notices or other intellectual property complaints with third parties, including the users who have posted the allegedly infringing material.
20.5. If you have questions about the legal requirements of a CPDA, DEA or other applicable copyright notice, you should consult a legal advisor and obtain professional legal advice and/or representation.
21. Governing Law and Jurisdiction
21.1 Тhis Agreement shall be governed by the laws of the Russian Federation.
21.2 Тhis Agreement has been prepared in both Russian and English. In the event of any conflict or inconsistency between these versions, the Russian version of this Agreement shall prevail.
22. Interpretation; Severability; Waiver; Remedies
22.1. Headings are for convenience only and shall not be used to construe these Terms. If any term of these Terms is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from these Terms. No failure or delay by ABC Solutions in exercising any right hereunder will waive any further exercise of that right. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of ABC Solutions. ABC Solutions's rights and remedies hereunder are cumulative and not exclusive.
23. Successors
23.1. These Terms are binding upon and will inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns.
23.2. You may not assign or transfer these Terms without ABC Solutions's prior written consent.
23.3. ABC Solutions may assign its rights, obligations and/or these Terms at any time in its sole discretion without notice to you.
24. Notices
24.1. You consent to receive all communications including notices, agreements, disclosures, or other information from ABC Solutions electronically. ABC Solutions may communicate by email or by posting to the ABC Solutions Service. For support-related inquiries, you may email Support: support@abc-solutions.ae
24.2. Nothing in these Terms or otherwise limits ABC Solutions's right to object to subpoenas, claims, or other demands.
25. Modification
25.1. We may update these Terms at any time, in our sole discretion. If we do so, we'll let you know by, at a minimum, posting the updated Terms (as indicated by a revised "Last Updated" date at the top of this page) on the ABC Solutions Site and/or through the ABC Solutions Service. Modifications will be effective on the date that they are posted to the ABC Solutions Site. It's important that you review the Terms whenever we update them before you use the ABC Solutions Service. If you continue to use the ABC Solutions Service after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you don't agree to be bound by the updated Terms, then you may not use the ABC Solutions Service anymore. Because the ABC Solutions Service is evolving over time we may change or discontinue all or any part of the ABC Solutions Service, at any time and without notice, at our sole discretion.
26. Entire Agreement
26.1. These Terms incorporate the following legal documents by reference, as well as any other policies or procedures referenced herein that are posted to the ABC Solutions Site from time to time:
Privacy Policy
Terms of Service
26.2. In the event of a conflict between any policies posted on the ABC Solutions Service and these Terms, these Terms will control. These Terms represents the entire understanding between ABC Solutions and you regarding the ABC Solutions Service or Content and supersede all prior agreements and understandings regarding the same.
26.3 If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
27. Force Majeure
27.1. Neither Party shall be liable for any failure or delay in performance under these terms (other than for delay in the payment of money due and payable in accordance with these terms) for causes beyond the party's reasonable control and not caused by that party's fault, or negligence, including, but not limited to, "acts of God", acts of government, flood, fire, civil unrest, acts of terror, strikes or other labor problems, computer attacks or malicious acts, such as attacks on or through the internet, any internet service provider, telecommunications or hosting facility, but in each case, only if and to the extent that the non-performing Party is without fault in causing such failure or delay, and the failure or delay could not have been prevented by reasonable precautions and measures and cannot reasonably be circumvented by the non-conforming Party through the use of alternate sources, workaround plans, disaster recovery, business continuity measures or other means. Dates by which performance obligations are scheduled to be met will be extended for a period of time equal to the time lost due to any delay so caused.
1. General Provisions
1.1. "A B C Solutions DWC-LLC", Business Center Logistics City, Dubai Aviation City, P.O.Box: 390667, Dubai, U.A.E., together with our affiliates ("A B C Solutions DWC-LLC", ,"ABC Solutions", "we", or "us") provides an online fitness community and related products, services, content and features through ABC Solutions websites, such as those for our studio, support, blog, and other pages (the "ABC Solutions Site(s)", "Site(s)", "ABC Solutions Website(s)", or "Website(s)"), the interfaces on tablets connected to ABC Solutions fitness equipment (such as the ABC Solutions Alpha smart dumbbells), ABC Solutions's fitness studios, and through mobile, desktop, or device applications (including iOS, tvOS, Android and AndroidTV applications ("Apps")) and ABC Solutions-controlled social media pages (including on Facebook, Instagram, and Twitter). To make this Agreement easier to read, the ABC Solutions Sites and Apps, along with the ABC Solutions tablet and studio interfaces and ABC Solutions-controlled social media pages are collectively called the ABC Solutions "Service" or "Services". By registering as a member or by visiting, browsing, or using the ABC Solutions Service in any way, you (as a "user") accept and agree to be bound by this End User License Agreement, which forms a binding agreement between you and ABC Solutions.
1.2. This Agreement can be altered by ABC Solutions without any special notice, the new version of the Agreement comes into force from the moment it is posted on the Internet, unless otherwise provided by the new version of the Agreement.
1.3. The term 'you' refers to a natural individual who uses the Site and places orders for Products and use of the ABC Solutions Services for personal use. If you represent a legal entity or are interested in using ABC Solutions products for non-personal purposes, please contact us at sales@abc-solutions.ae and we will try to provide special commercial terms.
1.4. If you do not want to comply with the terms of this Agreement in full, you may not use the Services for any purpose. Using the Services in violation (non-fulfillment) of any of the terms of the Agreement is prohibited. Certain elements of the ABC Solutions Service may be subject to additional terms specified from time to time; Your use of these elements of the ABC Solutions Service is subject to additional terms that are incorporated into this Agreement through this clause.
2. Who May Use the ABC Solutions Service
2.1. Age Requirement. You must be at least 18 years old, or the age of legal majority in your jurisdiction of residence, to purchase a ABC Solutions membership subscription and become a Membership Holder (as defined in the Terms of Service). Minors may participate in ABC Solutions classes in Studios, provided that such individuals: (a) they and their parents / guardians have signed ABC Solutions's liability waiver; and (b) their parent or legal guardian will provide supervision.
2.2. We may, in our sole discretion, refuse to offer the ABC Solutions Service to any person or entity and change the eligibility criteria at any time. You are solely responsible for ensuring that these Terms are in compliance with all laws, rules and regulations applicable to you, and the right to access and use the ABC Solutions Service is revoked where these Terms or use of the ABC Solutions Service is prohibited or conflicts with any applicable law, rule or regulation. Further, the ABC Solutions Service is offered only for your personal, non-commercial use, and not for the use or benefit of any third party.
3. License to Use the ABC Solutions Service
3.1. License. Subject to your compliance with these Terms and solely for so long as you are permitted by us to access and use the ABC Solutions Service, ABC Solutions grants you a limited, non-transferable, non-exclusive, revocable right and license to access and use the ABC Solutions Service for your own personal, non-commercial purposes, a right which may not be assigned or sublicensed to anyone. This license includes the right to view Content (defined below) available on the ABC Solutions Service and the right to download one copy of the application to any single device for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices.
3.2. Restrictions. Except as expressly permitted in writing by an authorized representative of ABC Solutions, you will not reproduce, redistribute, sell, transfer, create derivative works from, decompile, reverse engineer, or disassemble the ABC Solutions Service, nor will you take any measures to interfere with or damage the ABC Solutions Service. Unless otherwise specified, copying or modifying any Content or using Content for any purpose other than your personal, non-commercial use of the ABC Solutions Service, including use of any such Content on any other website or networked computer environment, is strictly prohibited. All rights not expressly granted by ABC Solutions in these Terms are reserved.
4. Privacy
Our Privacy Policy forms a part of these Terms. Please review the Privacy Policy to learn about:
• What information we may collect about you;
• What we use that information for; and
• With whom we share that information.
5. Membership Requirements Registration
5.1. To enjoy full access to the ABC Solutions Service, you must register as a member of the ABC Solutions Service and enter into a subscription agreement for access to our live and on-demand classes, Content and features (a "Subscription"). Your Subscription is also governed by the Terms of Service. You must provide complete and accurate registration information to ABC Solutions, complete the Subscription process, and notify us if any of your information changes. If you fail to keep your account information up to date, we may have to suspend or terminate your Subscription.
5.2. In-Studio Classes and Membership. Participation in our in-studio live classes is subject to additional fees that are separate from the Subscription fees for ABC Solutions's online Content. You must have an account registered on our studio website in order to sign up for in-studio classes and/or purchase studio memberships, but you are not required to have a Subscription. Additional information about our in-studio class packs and memberships is available on our studio website.
5.3. Profile Information and Picture. You may not use someone else's name, or any name, location, other public profile information or image that violates any third party rights, is against the law, or that is offensive, obscene or otherwise objectionable (in ABC Solutions's sole discretion).
5.4. Account Security. You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You may not allow others to use your account. You must safeguard the confidentiality of your password, and if you are using a device that others have access to, log out of your account after using the ABC Solutions Service. If you become aware of an unauthorized access to your account, change your password and notify our Support team immediately.
6. Membership Structure and Fees
ABC Solutions will provide information on its then-current in-studio membership and Subscription requirements on the ABC Solutions Site and/or by other means through the ABC Solutions Service. Features and prices are subject to change.
7. Sale of Products
7.1. ABC Solutions accepts orders for the ABC Solutions Alpha smart dumbbells and any other equipment, apparel or accessories that we may offer through the ABC Solutions Site or at ABC Solutions retail showrooms. Unfortunately, availability of products cannot be guaranteed. Please note that product, service and other information provided is subject to corrections and changes without notice. Advertising depictions, graphics and diagrams are for illustrative purposes only and may not accurately reflect actual product or component availability. Colors, styles and other variants depicted are for illustration only and are subject to change. Errors will be corrected where discovered, and we reserve the right to revoke any stated offer and to correct any errors, inaccuracies or omissions.
7.2. Unless otherwise specified at the time of purchase, you must pay for products when you place the order. All products ordered will be delivered to the shipping address you provide. We reserve the right to cancel an order placed by you at any time and for any lawful reason prior to our delivery of the product(s) and receipt of payment in full from you, provided that we will refund any fees that you prepaid for those products if we cancel. We may send an acknowledgment of receipt of your order to the email address you provide and/or proof of purchase information through the ABC Solutions Site or to your email address after your payment has been processed. Please see our ABC Solutions Alpha Warranty and Return Policy for further information about ABC Solutions products. Purchases made in third-party shops are subject to the corresponding Return Policies
8. Termination; Account Deletion
8.1. Term. These Terms begin on the date you first use the ABC Solutions Service and continue as long as you have an account with us and/or continue to use the ABC Solutions Service.
8.2. Termination. ABC Solutions may, in ABC Solutions's sole discretion, suspend, disable, or delete your account (or any part thereof) or block or remove any User Content (defined below) that you submitted, for any lawful reason, including if ABC Solutions determines that you have violated these Terms or that your conduct or User Content would tend to damage ABC Solutions's reputation or goodwill. If ABC Solutions deletes your account, you may not re-register for or use the ABC Solutions Service under any other user name or profile. ABC Solutions may block your access to the ABC Solutions Service to prevent re-registration.
8.3. Effect of Termination / Account Deletion. Upon termination of these Terms all licenses granted by ABC Solutions will terminate. The following sections survive termination: Privacy (Section 4), User Content (Section 9), Indemnification (Section 13), No Warranties (Section 16), Limitation of Liability (Section 17), Safety Warnings (Section 18), Intellectual Property (Section 20), Contracting Entities, Governing Law and Jurisdiction (Section 21), and all general provisions. In the event of account deletion for any reason, User Content may no longer be available and ABC Solutions is not responsible for the deletion or loss of such User Content. For clarity, if you cancel your Subscription or it is terminated for any reason, you will lose access to all live and on-demand classes and any other Content or features provided through the ABC Solutions Service. ABC Solutions, in its sole discretion, may make available a very limited amount of Content or features to non-subscribers from time to time, and any use of that Content is governed by these Terms.
9. User Content
9.1. "Content" means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the ABC Solutions Service; and (ii) "User Content" means any content that users (including you) provide to be made available through the ABC Solutions Service. Content includes, without limitation, User Content.
9.2. Any User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content submitted by or on behalf of you is accurate, complete, up-to-date, and in compliance with these Terms and with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the ABC Solutions Service is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. To the full extent permitted by law, we make no representations, warranties or guarantees with respect to any Content that you access on or through the ABC Solutions Service.
9.3. As between you and ABC Solutions, you represent that you own (or have all rights necessary to grant ABC Solutions the rights below to) all User Content that you submit to the ABC Solutions Service, and that ABC Solutions will not need to obtain licenses from any third party or pay royalties to any third party in order to use such User Content. You grant ABC Solutions a worldwide, perpetual, irrevocable, non-exclusive, sublicensable (through multiple tiers), transferable royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or later created), edit, modify, and make derivative works from your User Content (including, without limitation, translations) for any purpose whatsoever, commercial or otherwise, without compensation to you. In addition, you waive any so-called "moral rights" or rights of privacy or publicity in your User Content. You further grant all users of the ABC Solutions Service permission to view your User Content for their personal, non-commercial purposes. If you make suggestions to ABC Solutions or through the ABC Solutions Service about improving or adding new features or products to the ABC Solutions Service or you otherwise provide feedback, product or service reviews or testimonials, you hereby grant to ABC Solutions a worldwide, perpetual, irrevocable, non-exclusive, sublicensable (through multiple tiers), transferable royalty-free license and right to use, copy, modify, create derivative works based upon and otherwise exploit your suggestions, feedback, reviews and testimonials for any purpose (including for marketing), without any notice, compensation or other obligation to you.
9.4. You can remove your User Content by specifically deleting it. However, in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the ABC Solutions Service. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
10. Rights and Terms for Apps
10.1 Rights in App Granted. Subject to your compliance with these Terms, ABC Solutions grants to you a limited non-exclusive, non-transferable, revocable license, with no right to sublicense, to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means. ABC Solutions reserves all rights in and to the App not expressly granted to you under these Terms.
10.2. Accessing App from an App Store. The following terms apply to any App accessed through or downloaded from any app store or distribution platform (like the Apple App Store or Google Play) where the App may now or in the future be made available (each an "App Provider"). You acknowledge and agree that:
10.2.1. These Terms are between you and ABC Solutions, and not with the App Provider, and ABC Solutions (not the App Provider), is solely responsible for the App.
10.2.2. The App Provider has no obligation to furnish any maintenance and support services with respect to the App.
10.2.3. In the event of any failure of the App to conform to any applicable warranty, you may notify the App Provider, and the App Provider will refund the purchase price for the App to you (if applicable) and, to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of ABC Solutions.
10.2.4. The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and 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; and (iii) claims arising under consumer protection or similar legislation.
10.2.5. In the event of any third party claim that the App or your possession and use of that App infringes that third party's intellectual property rights, ABC Solutions will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
10.2.6. The App Provider and its affiliates are third-party beneficiaries of these Terms as related to your license to the App, and that, upon your acceptance of the Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third-party beneficiary thereof.
10.2.7. You must also comply with all applicable third party terms of service when using the App.
11. General Prohibitions and ABC Solutions's Enforcement Rights
11.1. You agree not to do any of the following:
11.1.1. Post, upload, publish, submit or transmit any User Content or engage in any activity that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person, animal, or entity; (vii) exploits minors or (viii) promotes illegal or harmful activities or substances;
11.1.2. Download and/or install any third party software and/or application on any ABC Solutions hardware (excluding assistive technologies that are necessary for your own use of the ABC Solutions Service, such as screen-readers) that is not expressly permitted by ABC Solutions in writing;
11.1.3. Use, display, mirror or frame the ABC Solutions Service or any individual element within the ABC Solutions Service, ABC Solutions's name, any ABC Solutions trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without ABC Solutions's express written consent;
11.1.4. Access, tamper with, or use non-public areas of the ABC Solutions Service, ABC Solutions's computer systems, or the technical delivery systems of ABC Solutions's providers;
11.1.5. Attempt to probe, scan or test the vulnerability of any ABC Solutions system or network or breach any security or authentication measures;
11.1.6. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by ABC Solutions or any of ABC Solutions's providers or any other third party (including another user) to protect the ABC Solutions Service or Content;
11.1.7. Attempt to access, scrape or search the ABC Solutions Service or Content or download Content from the ABC Solutions Service, including through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools, plugins, add-ons or the like), other than the software and/or search agents provided by ABC Solutions or other generally available third-party web browsers;
11.1.8. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
11.1.9. Use any meta tags or other hidden text or metadata utilizing a ABC Solutions trademark, logo URL or product name without ABC Solutions's express written consent;
11.1.10. Use the ABC Solutions Service or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms or permitted expressly in writing by ABC Solutions;
11.1.11. Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the ABC Solutions Service or Content to send altered, deceptive or false source-identifying information;
11.1.12. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the ABC Solutions Service or Content;
11.1.13. 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 ABC Solutions Service;
11.1.14. Collect or store any personally identifiable information from the ABC Solutions Service from other users of the ABC Solutions Service without their express permission;
11.1.15. Copy, use, index, disclose or distribute any information or data obtained from the ABC Solutions Service, whether directly or through third parties (such as search engines), without ABC Solutions's express written consent;
11.1.16. Alter, replicate, store, distribute or create derivatives from the Content available via the ABC Solutions Service except as expressly permitted in writing by ABC Solutions;
11.1.17. Impersonate or misrepresent your affiliation with any person or entity;
11.1.18. Access, use or exploit the ABC Solutions Service in any manner (other than as expressly permitted by these Terms), including to build, develop (or commission the development of), replicate, or consult upon any product or service that may compete (directly or indirectly) with ABC Solutions or the ABC Solutions Service;
11.1.19. Violate any applicable law or regulation; or
11.1.20. Encourage or enable any other individual to do any of the foregoing.
11.2. Although we're not obligated to monitor access to or use of the ABC Solutions Service or Content or to review or edit any User Content, we have the right to do so for the purpose of operating the ABC Solutions Service, to ensure compliance with these Terms, to comply with applicable law or other legal requirements and to maintain the integrity and reputation of the ABC Solutions Service and ABC Solutions's systems. We reserve the right, but are not obligated, to remove or disable access to any User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any User Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the ABC Solutions Service. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
12. Member Interactions, Dealings with Third Parties
12.1. When interacting with other ABC Solutions members, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other people you don't know. Your participation, correspondence or personal or business dealings with any third party found on or through the ABC Solutions Service, whether regarding payment or delivery of specific goods and services, donations or fundraisers, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that ABC Solutions is not responsible or liable for any loss, damage, injury, or other matters of any sort incurred as the result of such dealings. In addition, when visiting or taking classes at any of our studios, please be advised that ABC Solutions is not responsible for any lost or stolen items and that visitors, guests and members are required to adhere to then-current policies in place at that studio and the directions of that studio's employees and representatives.
13. Indemnification
13.1. You agree to indemnify, defend, and hold harmless ABC Solutions and its directors, officers, employees, and agents, from and against all claims, damages, losses and costs that arise from or relate to (i) your activities on the ABC Solutions Service, (ii) any User Content submitted by or on behalf of you or (iii) your violation of these Terms.
14. Third Party Software and Applications
14.1. Downloading and/or installing any third party software and/or applications that are not expressly authorized by ABC Solutions on any ABC Solutions hardware constitutes a breach of these Terms; any such downloading or installation is done at your own risk and may void any applicable warranty or support commitments by ABC Solutions.
15. Third Party Links and Content
15.1. There may be links on the ABC Solutions Service that let you leave the particular ABC Solutions Service you are accessing in order to access a linked site that is operated by a third party. ABC Solutions neither controls nor endorses these sites, nor has ABC Solutions reviewed or approved the content that appears on them. ABC Solutions is not responsible for the legality, accuracy or inappropriate nature of any content, advertising, products or other materials on or available from any such third party sites. You acknowledge and agree that ABC Solutions is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the access or use of any of the links, content, goods or services available on or through these third party sites.
16. No Warranties
16.1. ABC Solutions reserves the right to modify the ABC Solutions Service, including, but not limited to updating, adding to, enhancing, modifying, removing or altering any Content or features of the ABC Solutions Service, at any time, in its sole discretion. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the ABC Solutions Service. ABC Solutions has no obligation to screen or monitor any Content and does not guarantee that any Content available on the ABC Solutions Service is suitable for all users or that it will continue to be available for any length of time.
16.2. ABC Solutions provides the ABC Solutions Service on an "As is" and "As available" basis. You therefore use the ABC Solutions Service at your own risk. Other than as expressly provided in writing by ABC Solutions in connection with your purchase of a ABC Solutions product, to the extent permitted by law, ABC Solutions expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, quiet enjoyment and any other warranty that might arise under any law. Without limiting the foregoing, ABC Solutions makes no representations or warranties:
16.2.1. That the ABC Solutions Service is or will be permitted in your jurisdiction;
16.2.2. That the ABC Solutions Service will be uninterrupted or error-free;
16.2.3. Concerning any Content, including User Content;
16.2.4. Concerning any third party's use of User Content that you submit;
16.2.5. That the ABC Solutions Service will meet your personal or professional needs;
16.2.6. That ABC Solutions will continue to support any particular feature of the ABC Solutions Service; or
16.2.7. Concerning sites and resources outside of the ABC Solutions Service, even if linked to from the ABC Solutions Service.
To the extent that another party may have access to or view Content on your device, you are solely responsible for informing such party of all disclaimers and warnings in these Terms. To the extent any disclaimer or limitation of liability does not apply, to the fullest extent permitted by law, all applicable express, implied, and statutory warranties will be limited in duration to a period of 30 days after the date on which you first used the ABC Solutions service, and no warranties shall apply after such period.
17. Limitation of Liability
17.1. To the fullest extent permitted by law: (i) ABC Solutions shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, economic or pure economic losses, goodwill, use, data, service interruption, computer damage, system failure, inability to use the ABC Solutions Service or Content or other intangible losses, even if a limited remedy set forth herein is found to have failed its essential purpose; and (ii) ABC Solutions's total liability to you for all claims, in the aggregate, will not exceed the amount actually paid by you to ABC Solutions over the 12 months preceding the date your first claim(s) arose. If you live in a jurisdiction that does not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation does not apply to you. To the extent that one or any aspect of ABC Solutions's limitations set out above does not apply, all remaining aspects survive. The exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between ABC Solutions and you.
18. Safety Warnings
18.1. The ABC Solutions service offers health and fitness information and is designed for educational and entertainment purposes only. You should consult your physician or general practitioner before beginning a new fitness program. You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health, you should always consult with a physician, general practitioner or other health-care professional. Do not disregard, avoid or delay obtaining medical or health related advice from your healthcare professional because of something you may have read on the ABC Solutions site or heard on the ABC Solutions service. The use of information provided through the ABC Solutions service is solely at your own risk and is not medical or healthcare advice.
Nothing stated or posted on the ABC Solutions site or available through any ABC Solutions service is intended to be, and must not be taken to be, the practice of medical or counseling care. For purposes of these terms, the practice of medicine and counseling includes, without limitation, psychiatry, psychology, psychotherapy, or providing health care treatment, instructions, diagnosis, prognosis or advice. The ABC Solutions service is continually under development and, to the full extent permitted by law, ABC Solutions makes no warranty of any kind, implied or express, as to its accuracy, completeness or appropriateness for any purpose. In that regard, developments in medical research may impact the health, fitness and nutritional advice that appears here. No assurance can be given that the advice contained in the ABC Solutions service will always include the most recent findings or developments with respect to the particular material.
18.2. In becoming a user of ABC Solutions with the intent of using the ABC Solutions Service, you affirm that either (A) all of the following statements are true: (i) no physician or general practitioner has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician or general practitioner; (ii) you have never felt chest pain when engaging in physical activity; (iii) you have not experienced chest pain when not engaged in physical activity at any time within the past month; (iv) you have never lost your balance because of dizziness and you have never lost consciousness; (v) you do not have a bone or joint problem that could be made worse by a change in your physical activity; (vi) your physician or general practitioner is not currently prescribing drugs for your blood pressure or heart condition; (vii) you do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems; and (viii) you do not know of any other reason you should not exercise; or (B) your physician or general practitioner has been specifically consulted by you and approved of your use of the ABC Solutions Service.
18.3. If applicable, you further affirm that (i) you are not pregnant, breastfeeding or lactating; unless (ii) your physician or general practitioner has been specifically consulted and approved your use of the ABC Solutions Service.
18.4. ABC Solutions reserves the right to refuse or cancel your membership if we determine that you have certain medical conditions or that the representations set forth above are untrue in any respect.
19. Intellectual Property Acknowledgment
19.1. You acknowledge that the ABC Solutions Service contains software and other content that is protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All ABC Solutions-generated content, and content provided to ABC Solutions by its partners and licensors, is copyrighted individually and/or as a collective work under the U.S. copyright laws and all applicable international copyright (or equivalent) laws in all jurisdictions and protected under other intellectual property laws worldwide; further, as between you and ABC Solutions, ABC Solutions own intellectual property rights in the selection, coordination, arrangement and enhancement of all content in the ABC Solutions Service. Subject to your compliance with the terms of this Agreement, and only to the extent that we authorize you to access and use the ABC Solutions Service, you may download one copy of the application to any individual device for personal, non-commercial, home use only, provided that you keep copyright and other proprietary rights notices intact and you comply with the terms of this Agreement. If you comply with the terms of this Agreement, and only to the extent that we authorize you to access and use the ABC Solutions Service, ABC Solutions hereby grants you a limited, revocable, non-exclusive, non-transferable right and license to access and use ABC Solutions Service. The Content available from the ABC Solutions Service is provided for your personal, non-commercial use of the ABC Solutions Service and for no other purpose. Unless otherwise specified, copying or modifying any content, or using the content for any purpose other than your personal, non-commercial use of the ABC Solutions Service, including the use of any such content on any other website or networked computer environment, is strictly prohibited.
19.2. The ABC Solutions name, logos and related properties, designs and marks are the exclusive property of A B C Solutions DWC-LLC and / or its affiliates, whether registered or not, and may not be used in connection with any products or services that not the property of ABC Solutions, or in any other way that could cause confusion about our support, direct or indirect relationship, or sponsorship of any person, product or service. Nothing contained in the ABC Solutions Service should be construed as granting, directly or indirectly, any license or right to use any of our trade names, trademarks or other intellectual property without our express prior written consent.
19.3. Any other trademarks appearing on the ABC Solutions Service are trademarks of their respective owners. Our partners or service providers may also have additional ownership of the content they provide through the ABC Solutions Service. All rights not expressly granted in this Agreement are reserved.
20. Intellectual Property / DMCA Policy
20.1. ABC Solutions respects the intellectual property of others, and we ask our users to do the same. Each user is responsible for ensuring that their User Content does not infringe any third party's right or other intellectual property rights.
20.2. Upon proper notice that any material infringes a third party copyright, ABC Solutions will promptly remove such material from the ABC Solutions site in accordance with the US Digital Millennium Copyright Act ('DMCA') or equivalent laws applicable in other jurisdictions. In addition, ABC Solutions may remove copyright infringers' accounts if necessary.
20.3. Filing a DMCA (or Equivalent Legal Notice) Notice to Remove Copyright-Protected Content - For Copyright Holders:
If you believe that the ABC Solutions Service or any Content contains elements that infringe or misappropriate your copyrights or other intellectual property rights (or the intellectual property rights of others), please provide us with a written notice containing the following information:
• Your name, address, telephone number, and email address.
• A description of the copyrighted work that you claim has been infringed.
• A description of where on the ABC Solutions Site the material that you claim is infringing may be found, sufficient for ABC Solutions to locate the material (e.g., the URL).
• A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law.
• A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
• Your electronic or physical signature.
You may submit this information, or any counter-notice, via:
Email, with the subject line "Copyright Notices" to: copyright@abc-solutions.ae
Or via physical mail:
"A B C Solutions DWC-LLC",
Business Center Logistics City,
Dubai Aviation City,
P.O.Box: 390667,
Dubai, U.A.E.
20.4. ABC Solutions may disclose any communications, including your contact information, concerning DMCA or other applicable copyright notices or other intellectual property complaints with third parties, including the users who have posted the allegedly infringing material.
20.5. If you have questions about the legal requirements of a CPDA, DEA or other applicable copyright notice, you should consult a legal advisor and obtain professional legal advice and/or representation.
21. Governing Law and Jurisdiction
21.1 Тhis Agreement shall be governed by the laws of the Russian Federation.
21.2 Тhis Agreement has been prepared in both Russian and English. In the event of any conflict or inconsistency between these versions, the Russian version of this Agreement shall prevail.
22. Interpretation; Severability; Waiver; Remedies
22.1. Headings are for convenience only and shall not be used to construe these Terms. If any term of these Terms is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from these Terms. No failure or delay by ABC Solutions in exercising any right hereunder will waive any further exercise of that right. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of ABC Solutions. ABC Solutions's rights and remedies hereunder are cumulative and not exclusive.
23. Successors
23.1. These Terms are binding upon and will inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns.
23.2. You may not assign or transfer these Terms without ABC Solutions's prior written consent.
23.3. ABC Solutions may assign its rights, obligations and/or these Terms at any time in its sole discretion without notice to you.
24. Notices
24.1. You consent to receive all communications including notices, agreements, disclosures, or other information from ABC Solutions electronically. ABC Solutions may communicate by email or by posting to the ABC Solutions Service. For support-related inquiries, you may email Support: support@abc-solutions.ae
24.2. Nothing in these Terms or otherwise limits ABC Solutions's right to object to subpoenas, claims, or other demands.
25. Modification
25.1. We may update these Terms at any time, in our sole discretion. If we do so, we'll let you know by, at a minimum, posting the updated Terms (as indicated by a revised "Last Updated" date at the top of this page) on the ABC Solutions Site and/or through the ABC Solutions Service. Modifications will be effective on the date that they are posted to the ABC Solutions Site. It's important that you review the Terms whenever we update them before you use the ABC Solutions Service. If you continue to use the ABC Solutions Service after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you don't agree to be bound by the updated Terms, then you may not use the ABC Solutions Service anymore. Because the ABC Solutions Service is evolving over time we may change or discontinue all or any part of the ABC Solutions Service, at any time and without notice, at our sole discretion.
26. Entire Agreement
26.1. These Terms incorporate the following legal documents by reference, as well as any other policies or procedures referenced herein that are posted to the ABC Solutions Site from time to time:
Privacy Policy
Terms of Service
26.2. In the event of a conflict between any policies posted on the ABC Solutions Service and these Terms, these Terms will control. These Terms represents the entire understanding between ABC Solutions and you regarding the ABC Solutions Service or Content and supersede all prior agreements and understandings regarding the same.
26.3 If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
27. Force Majeure
27.1. Neither Party shall be liable for any failure or delay in performance under these terms (other than for delay in the payment of money due and payable in accordance with these terms) for causes beyond the party's reasonable control and not caused by that party's fault, or negligence, including, but not limited to, "acts of God", acts of government, flood, fire, civil unrest, acts of terror, strikes or other labor problems, computer attacks or malicious acts, such as attacks on or through the internet, any internet service provider, telecommunications or hosting facility, but in each case, only if and to the extent that the non-performing Party is without fault in causing such failure or delay, and the failure or delay could not have been prevented by reasonable precautions and measures and cannot reasonably be circumvented by the non-conforming Party through the use of alternate sources, workaround plans, disaster recovery, business continuity measures or other means. Dates by which performance obligations are scheduled to be met will be extended for a period of time equal to the time lost due to any delay so caused.
