The Assembly Terms of Use

Date: January 4, 2018

Welcome to theassembly.com! The site is owned and operated by Java Beach, Inc. dba The Assembly (“The Assembly” or “we” or “our”). The Assembly’s sites may include, without limitation, tools, applications, email services, bulletin and message boards, forums, communities, calendars, and downloadable mobile applications related to or provided through The Assembly or Theassembly.com (the “Site” or “Sites”). The Assembly’s services may include classes, events, membership and guest services, and retail purchase options of services and products (“Services”). By accessing or using any of our Sites or Services, you (“you” or “your”) agree to be bound by these Terms of Use (“TOU”) and The Assembly’s privacy policy located here (“Privacy Policy”) which are incorporated herein by reference (together, the “Terms”). The Terms govern your use of any of the Sites and Services that are provided by Spright and apply to any access to or use of the Sites and Services.

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING OR ACCESSING THE SITE OR SERVICES. BY USING THE SITES AND SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. THESE TERMS APPLY TO ANYONE (INCLUDING MEMBERS, VISITORS, USERS, AND OTHERS) WHO ACCESS OR USE THE SITE OR SERVICES. THESE TERMS, AND ANY RIGHTS AND LICENSES GRANTED HEREUNDER, MAY NOT BE TRANSFERRED OR ASSIGNED BY YOU, BUT MAY BE ASSIGNED BY THE ASSEMBLY WITHOUT RESTRICTION.

Eligibility To Use Sites And Services

You must be 13 years or older to use our Site and Services. The Assembly does not knowingly collect personal information from children under 13. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information.If you believe that a child under 13 has used our Site and Services and provided us any information, please contact us at legal@theassembly.com.

By accessing the Sites and Services, you represent and warrant to The Assembly that: (i) you are an individual at least 13 years old; (ii) you are of legal age to form a binding contract or have your parent’s permission to do so; (ii) any information you may submit is accurate and truthful and you will maintain the accuracy of such information; (iv) you are legally permitted to use and access the Sites and Services and take full responsibility for your access, selection and use of the Sites and Services. This Site is not available to any users previously removed from the Site by The Assembly, for any reason.

You may not use the Sites if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Sites are solely directed to individuals, companies, or other entities located in the United States.

Terms Changes

These Terms may be revised at any time by us updating this posting and the date. If any material changes are made, we will provide email notice to you if you are a registered user or a member. Users of the Sites are encouraged to check the Terms periodically to stay informed of current changes. Your continued use of the Site or Services following any modification or changes to the Sites or Services indicates your acceptance of those changes.


Purchase of Membership and Services

If you purchase a membership with The Assembly or Services from the Sites, the terms of sale provided in this section apply to you, as well as all other specific rules, usage restrictions or procedures that we may provide to you in relation to your purchase (including your Membership Terms and Conditions or the Guest Terms and Conditions, as applicable).

You agree to provide your payment information at the time you purchase or renew your membership, or order any Services on The Assembly premises on or through the Sites. You agree to have sufficient funds or credit available upon placement of any such order to ensure that the purchase price will be collectible by The Assembly. Our payment page is powered by our third-party payment processors, Square. The information provided to Square is governed by Square’s Terms of Services and Privacy Policies located at https://squareup.com/legal/ua and https://squareup.com/legal/privacy. The Assembly is not responsible for the performance of Square or your agreements with them.

Unless otherwise specified, prices quoted are exclusive of: (a) the costs of shipping to the agreed place of delivery; and (b) value added tax and any other tax or duty which (where applicable) must be added to the price payable. You agree to pay for all applicable taxes on your membership, and taxes, shipping of the Services as such costs are specified by us when you submit your order.

Purchase of a membership must be for your personal use only. Transfer of membership to other persons is prohibited. By purchasing Services, you hereby agree not to resell or distribute such Services for any commercial purposes. All orders are subject to our acceptance or rejection based on Service availability, noncompliance with these Terms or any other applicable terms, or any other reason as determined in our sole discretion. For instance, if we have reason to believe that your order is not for personal use, we reserve the right to reject or cancel any order that you place.

Cancellation or Suspension of Membership.The Assembly’s membership, cancellation and suspension policies are set forth in its Membership Terms and Conditions, which are made available to all applicants for membership that have been accepted to The Assembly. Except as provided in the Membership Terms and Conditions, all memberships are non-refundable unless otherwise specified in writing by The Assembly.

Returns and Refunds. Returns and Refunds will be governed by the additional terms as set forth at the time of the sale of the Services.

Shipments; Delivery; Title and Risk of Loss. Unless otherwise specified at the time of purchase, The Assembly will arrange for shipment of the products to you and you will pay all shipping and handling specified in the order confirmation. Title and risk of loss pass to you upon our transfer of the products to the carrier (such as FedEx, UPS, or USPS). Shipping and delivery dates are estimates only and cannot be guaranteed. The Assembly is not liable for any delays in shipments, and you are not eligible for a refund of any product ordered by you as a result of a shipping delay.


Third Party Websites, Links and Content

The Assembly has not reviewed all the sites linked to The Assembly Sites, and is not responsible for the content or any off-site pages or other linked sites. Although a third-party website and/or app may contain The Assembly logo, please understand that it is independent from The Assembly, and that The Assembly has no control over the content of that website and/or app. Going to third party or off-site websites from the Sites is at your own risk. These links do not imply endorsement of, sponsorship of, or affiliation with The Assembly.

Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such websites.

Your participation, correspondence or business dealings with any third party found on or through our Sites and Services, including, without limitation, advertisers and other users, regarding payment and delivery of specific goods and Services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that The Assembly shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

Social Media

The Company will not tolerate certain social media conduct by users of the Sites or Services, whether indirectly or directly targeting or relating to The Assembly, its members, officers, directors, employees, personnel, or agents, including for example: (a) defamatory, malicious, obscene, intimidating, discriminatory, harassing or threatening comments or hate propaganda; (b) calls to violence or threats of any kind; or (c) conduct that violates any law or regulation. In the event that The Assembly believes that you have breached this paragraph, The Assembly reserves all its rights to take further action, including but not limited to: (i) adding, removing, or modifying any content, including comments, (ii) blocking you or any other disruptive users; and (iii) discontinuing any of its social media channels at any time. In the event that you engage in (or direct or influence any person to engage in) any of this prohibited conduct on your social media channels regarding The Assembly or any of The Assembly’s officers, directors, employees, personnel, agents, policies, Services, members or guests, The Assembly may immediately terminate your membership or your guest member privileges as applicable, and/or use of the Sites, and we reserve our full legal rights to pursue legal damages against you.


Intellectual Property Rights

The trademarks, trade names, and copyright of The Assembly are proprietary to The Assembly and may not be used by you for any reasons other than as expressly permitted by these Terms. All Site content, design, text, graphics, and interfaces and all software are property of, or duly licensed to, The Assembly. You have the right to view, electronically copy, and print portions of the Sites for personal use only. Any other use of materials on the Sites, including modification, distribution, or reproduction for purposes, without the prior written permission of The Assembly is strictly prohibited. Any unauthorized use of The Assembly’s material may violate state and federal criminal laws, infringe copyright laws, trademark laws, the laws of privacy or publicity, and communication regulations and statutes.

You acknowledge that The Assembly and/or third-party content providers remain the owners of all Sites’ materials, and that you do not acquire any of those ownership rights by downloading, copying, or using any such material in accordance with these Terms. The Assembly may discontinue or remove the Sites, or any portion thereof, or discontinue your right to use the Sites, or any portion thereof, at any time. The Assembly reserves all rights not expressly granted in these Terms and the Sites.


Warranty Disclaimer and Limitation of Liability

YOU AGREE THAT YOUR USE OF THE SITES AND SERVICES ARE AT YOUR OWN RISK. THE SITES AND SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. THE ASSEMBLY AND THE THIRD-PARTY LICENSORS AND AGENTS MAKE NO WARRANTY REGARDING YOUR USE OR PERFORMANCE OF THE SITES OR SERVICES. THE ASSEMBLY HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, ACCURACY OR SUITABILITY OF CONTENT, OR THAT THE SITES WILL BE ERROR-FREE OR WORK IN CONJUNCTION WITH ANY PARTICULAR SOFTWARE OR HARDWARE OR SYTEMS, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. THE ASSEMBLY AND THE THIRD PARTY LICENSORS AND AGENTS DO NOT WARRANT WITH RESPECT TO THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SITES OR SERVICES. THE ASSEMBLY AND THE THIRD-PARTY LICENSORS AND AGENTS WILL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO THE SITES, USE OF THE MATERIALS ON THE SITES, AND/OR THE SERVICES.

THE ASSEMBLY AND ANY THIRD PARTY LICENSEORS AND AGENTS WILL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING OR ACCESSING THE SITES OR SERVICES, AS WELL AS FOR ANY DAMAGES SUFFERED AS A RESULT OF THE INABILITY TO USE THE SITES OR SERVICES. IN NO EVENT SHALL THE ASSEMBLY OR ITS THIRD-PARTY LICENSORS OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWEVER ARISING, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITES OR SERVICES MADE AVAILABLE FROM THE SITES, EVEN IF THE ASSEMBLY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. AS A USER OF THE SITES, YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITES OR SERVICES IS TO STOP USING THEM. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.


Indemnity

You hereby agree to defend, indemnify and hold The Assembly and any third-party licensors and agents harmless from, and you covenant not to sue The Assembly or any third-party licensors and agents for, any claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including, without limitation, attorneys’ fees) arising from or related to (a) your breach of any terms of these Terms, (b) your negligence, error, omission or willful misconduct, or (c) your use of the Sites or Services.


Choice of Law

The Sites and Services and your use hereof are governed by the laws of the State of California, without regard to California’s choice of law provisions. Any claim arising out of your use of the Sites or Services must be brought in San Francisco, California.


Arbitration

For any dispute with The Assembly, you agree to first contact us ataloha@theassembly.com and attempt to resolve the dispute with us informally. In the unlikely event that The Assembly has not been able to resolve a dispute after sixty (60) days, each party agrees to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to these Terms, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by American Arbitration Association under its Commercial Arbitration Rules. The arbitration will be conducted in San Francisco, California, unless you and The Assembly agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this section shall be deemed as preventing The Assembly from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, intellectual property rights, or other proprietary rights.

You agree that, by entering into these Terms, you and The Assembly are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind. With respect to all persons and entities, regardless of whether they have obtained or used the Services or Sites for personal, commercial, or other purposes, all claims must be brought in the parties’ individual capacity, and, unless The Assembly agrees otherwise, the arbitrator may not consolidate more than one person’s claims.

Any attempted transfer or assignment in violation hereof shall be null and void. These Terms, together with any amendments and any additional agreements you may enter into with The Assembly in connection with the Sites and Serices, shall constitute the entire agreement between you and The Assembly concerning the Sites. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect, except that in the event of unenforceability of the universal jury trial waiver, the entire arbitration agreement shall be unenforceable. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and The Assembly’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. The headings in these Terms are for reference only and shall not affect the interpretation of these Terms.


Questions

Please contact us at aloha@theassembly.com with any questions regarding these Terms.

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