CYL SAUNA STUDIO TERMS OF USE

These Terms of Use ("Terms") govern your use of the website
www.cylsaunastudio.com and its associated web pages ("Website") offered by The Sweat House, LLC on behalf of itself, its franchisees and their respective affiliates and subsidiaries (collectively "CYL"). Please read these Terms and our Privacy Policy found here carefully because they affect your legal rights, including your right to resolve any disputes that may arise between us. Subject to your compliance with these Terms, you may access and use the Website.
General Terms

Use of the Website.  By visiting, accessing, or using any part of our Website, you expressly accept, agree, and consent to the terms and conditions stated herein. Your continued use of the Website after any modification to the Website or update to these Terms, constitutes your conclusive acceptance of such change. If you do not agree to these terms and conditions of use, you must not use any portion of the Website and your sole remedy is to discontinue your use of the Website.

Additional Terms.  To the extent CYL provides you notice of different or additional terms or practices, those additional terms will govern your use of the Website.

Privacy.  By visiting, accessing, or using any part of the Website, you accept the practices described in CYL’s Privacy Policy.

Eligibility.  You may only use the Website if you are at least eighteen (18) years of age.
Modification and Termination.  CYL operates the Website in its sole and complete discretion. CYL may modify the Website at any time for any reason, including changes to features, content, functionality, or software. CYL may suspend or discontinue all or any portion of the Website in our sole discretion. CYL is not liable for any such modification, suspension, or termination of the Website. Any such modification will become effective immediately upon posting of the modified Terms. Use of Website

Copyright and Trademarks.  All content hosted on the Website is copyrighted under the law as collective work and/or compilation. CYL holds and owns the copyright, and all other proprietary and intellectual property rights and title, to the collective work, including the pages, graphics, design, text, sound recordings, images, materials, and content of the Website, some of which may be trademarked. You agree not to copy, reproduce, alter, modify, decompile, reverse engineer, distribute, transfer, sell, transmit, translate, publish, perform, license, or create derivative works from the content of the Website, including any information, products, or services, without CYL's express written consent. The Website is solely for your personal, non-commercial use. Subject to these and any other express restrictions with regard to specific material, you may download information concerning CYL services from the Website solely for your personal non-commercial use, including information concerning infrared sauna benefits and uses, series, packages and memberships, and studio information.

Health and Wellness Information.   The Website contains information about the use and benefits of infrared sauna treatment and leading a healthy lifestyle. Such information does not represent medical diagnosis, treatment, or care and should not be used in place of consultation with or advice from your healthcare professionals. You should consult your physician or healthcare professional before using our infrared sauna services or beginning or altering your personal wellness regimen.

Electronic Communications.  When you use the Website, you communicate electronically with CYL. You expressly consent to receipt of electronic communications from CYL through posts on the Website and via any email address that you may provide to us. All agreements, notices, disclosures, authorizations, verifications, confirmations, or other electronic communications CYL provides according to this paragraph satisfy any legal requirement for written communication.

Equipment.  You are solely responsible for purchasing, maintaining, and ensuring all computer, mobile phone or tablet, programs, and services necessary for, and compatible with, your access to and use of the Website, including hardware and software; electrical, telecommunications and internet access connections and links; and web browsers. Account Information

Passwords and Security.  Registering for the Website may require you to create a username and a password. You agree to maintain the security, confidentiality, and integrity of your username, password, and any other security measures employed on the Website. You are responsible for all access to and use of the Website, including all financial transactions, under your username and password, including access or use by anyone accessing your account with your username and password, whether or not authorized by you. You agree to immediately notify CYL of any breach of security, including unauthorized use of your username or password, and to immediately take all reasonable steps to prevent its further occurrence, including changing your password.

Accuracy of Personal Information.  You represent and warrant that all information provided to CYL through the Website is current, accurate, complete and truthful, including all initial intake and purchase information, such as your legal name, street address, email address, telephone number, and financial transaction account information. You further represent and warrant that you are an authorized account holder of any financial transaction account, which you provide to CYL through the Website for payment of any services. Termination of Use.  CYL may block, restrict, disable, suspend, or terminate your access to or use of all or any parts of the Website without prior notice or liability to you.

Your Warranty and Indemnification Obligations
ASSUMPTION OF RISK AND WAIVER OF LIABILITY.  THERE ARE RISKS INHERENT IN ACCESSING AND USING THE WEBSITE, INCLUDING LOSS, THEFT, BREACH, MISUSE, OR UNAUTHORIZED USE OF PERSONAL INFORMATION. YOU EXPRESSLY ASSUME THESE RISKS, WILL ACCESS AND USE THE WEBSITE AT YOUR OWN RISK, AND WAIVE ANY AND ALL CLAIMS AGAINST CYL, AND ITS OFFICERS, EMPLOYEES, MEMBERS, MANAGERS, AGENTS, PARTNERS AND LICENSORS, RELATED TO SUCH ACCESS OR USE FOR ANY DAMAGE, LOSS, OR INJURY OF ANY KIND SUSTAINED BY YOU AS A RESULT OF CYL'S NEGLIGENCE. THIS DOES NOT WAIVE CLAIMS RESULTING FROM GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR RECKLESS DISREGARD, UNLESS PROHIBITED BY APPLICABLE LAW.

INDEMNIFICATION.  YOU AGREE TO INDEMNIFY AND HOLD HARMLESS CYL AND ITS OFFICERS, EMPLOYEES, MEMBERS, MANAGERS, AGENTS, PARTNERS AND LICENSORS, FROM AND AGAINST ANY AND ALL LOSS, EXPENSES, DAMAGES, AND COSTS, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS FEES, RESULTING, WHETHER DIRECTLY OR INDIRECTLY, FROM YOUR VIOLATION OF THESE TERMS. YOU ALSO AGREE TO INDEMNIFY AND HOLD HARMLESS CYL AND ITS OFFICERS, EMPLOYEES, MEMBERS, MANAGERS, AGENTS, PARTNERS AND LICENSORS, FROM AND AGAINST ANY AND ALL CLAIMS BROUGHT BY THIRD PARTIES ARISING OUT OF YOUR USE OF THE WEBSITE IN BREACH OF THESE TERMS, UNLESS PROHIBITED BY APPLICABLE LAW. DISCLAIMER OF WARRANTIES.  YOU ARE ACCESSING THE WEBSITE ON AN "AS IS, WHERE IS, AND AS AVAILABLE" BASIS. CYL IS NOT RESPONSIBLE FOR PROBLEMS ARISING FROM, OR INADEQUACIES IN THE CONTENT OF THE WEBSITE OR ANY PARTICULAR FEATURES OR SERVICES OFFERED THEREON. CYL DOES NOT REPRESENT OR WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE INFORMATION, MATERIALS, AND SERVICES ON THE WEBSITE OR THE ERROR-FREE USE OF THE WEBSITE. CYL IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET, INCLUDING INJURY OR DAMAGE TO USERS OR TO ANY OTHER PERSON'S COMPUTER RELATED TO OR RESULTING FROM ACCESS TO OR USE OF THE WEBSITE. CYL IS PROVIDING THE WEBSITE WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND FREEDOM FROM A COMPUTER VIRUS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. LIMITATION OF LIABILITY.  IN NO EVENT WILL CYL AND ITS AFFILIATES, OFFICERS, EMPLOYEES, MEMBERS, MANGERS, AGENTS, PARTNERS AND LICENSORS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM YOUR ACCESS TO OR USE OF THE WEBSITE, YOUR INABILITY TO USE OR MALFUNCTIONS OF THE WEBSITE, STATEMENTS OR CONDUCT OF ANY THIRD PARTY RELATING TO THE WEBSITE.

Arbitration. At CYL's sole discretion, it may require you to submit any disputes arising from the use of these Terms or the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Tennessee law.

LIMITATION ON TIME TO FILE CLAIMS.  ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability.  To the extent that a court of competent jurisdiction determines any part of these Terms to be invalid or unenforceable, that part will be modified by the court solely to the extent necessary to cause that part to be enforceable, and the remainder of these Terms will remain in full force and effect. CYL’s failure to exercise or enforce a legal right, remedy or benefit which is contained in these Terms or any applicable law does not constitute waiver of its right to do so later. YOU HAVE READ, UNDERSTAND, AND VOLUNTARILY AGREE TO ALL OF THE TERMS STATED HEREIN.