Welcome to barre3! barre3 provides users of all skill levels: (1) digitally accessible fitness content, (2) educational materials about health and wellness, (3) products for purchase, and (4) a strong community of people who support one another in living healthy happy lives.

This Barre3 Terms of Use Agreement (this "Agreement") applies to: (1) all of the products, services, websites and applications offered by barre3, including, but not limited to, the www.barre3.com website (the "Website"); (2) mobile, tablet, internet television, or other digital or electronic barre3 video streaming platforms; and, (3) any application ("Application(s)") created by barre3 whether available through barre3 or a third party (collectively, the "Service"). The availability of any Application on mobile or tablet device, or third party internet television or other technology platform does not indicate any relationship or affiliation between barre3 and such third party. The Service (including the Website and Application), is owned by B3 Studios LLC, an Oregon limited liability company ("barre3", "us", or "we").

PLEASE READ THIS AGREEMENT AND THE BARRE3 PRIVACY POLICY VERY CAREFULLY BEFORE ACCESSING OR USING THE SERVICE. THIS AGREEMENT CONTAINS A LIMITATION OF LIABILITY, WARRANTY DISCLAIMERS, HEALTH DISCLAIMERS, GENERAL DISCLAIMERS, AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, AND AN AGREEMENT TO AUTOMATIC RENEWAL OF YOUR SUBSCRIPTION TERMS. BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THIS AGREEMENT, WHETHER YOU ARE A "VISITOR" (WHICH MEANS YOU ONLY BROWSE THE SERVICE), A "MEMBER" (WHICH MEANS YOU HAVE ACCEPTED THIS AGREEMENT TO GAIN ACCESS TO FREE CONTENT THROUGH AN APPLICATION), OR A "SUBSCRIBER" (WHICH MEANS YOU HAVE REGISTERED ON THE WEBSITE FOR THE BARRE3 SUBSCRIPTION SERVICE). IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT, DO NOT ACCESS OR USE THE SERVICE, INCLUDING THE WEBSITE OR ANY APPLICATION. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. BARRE3 DOES NOT ASSUME ANY LIABILITY OR MAKE ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE SERVICE OR YOUR ACCESS OR USE OF IT.

We may change this Agreement periodically. If the changes include material changes that affect your rights or obligations, we will notify you of the changes by reasonable means. You acknowledge that the posting of a notice on the Website or in an Application or by email message to you addressed to the email address provided at the time you registered notifying you of the material change(s) are reasonable means of providing notice. Your continued access or use of the Service after we provide notice means that you accept all changes. If you do not agree, you must stop accessing or using the Service, including the Website and all Applications.

The Barre3 Privacy Policy is incorporated by reference and made a part of this Agreement. Also included in this Agreement are any Additional Terms (explained in Section 2(F) below) or requirements of any marketplace or platform through which you may access, download or purchase a barre3 Application. Examples of such marketplaces and platforms include the Apple App Store and Google Play Store. If you wish to access a barre3 Application, you may be required to install a software program on your device in the form of an Application. Your access or use of the Service through any Applications or device (mobile, television, etc.) constitutes your agreement to be bound by this Agreement. Regardless of how it is downloaded or accessed by you, any barre3 Application is licensed, not sold to you for use in accordance with this Agreement. Barre3 reserves all rights not expressly granted to you. This Agreement is between barre3 and you; no third party marketplace or platform are parties to this Agreement. These marketplaces or platforms may have additional terms, conditions or rules that govern your access and use to the Applications.

YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PRACTITIONER BEFORE PARTICIPATING IN BARRE3 EXERCISES. NOTHING STATED OR POSTED ON THE SERVICE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR PROFESSIONAL ADVICE OR CARE. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. PLEASE READ OUR FULL HEALTH WARNING AND LIABILITY DISCLAIMER IN SECTION 8 BELOW BEFORE COMMENCING YOUR USE OF THE SERVICE. WE SHALL NOT BE LIABLE FOR ANY DAMAGES, OF ANY KIND, RESULTING FROM THE USE OF THE SERVICE.

A. Age Requirement: You must be at least eighteen (18) years of age to access the Service or any portion of it. The Service is not directed to persons under eighteen (18). By providing information about yourself, you are stating that you are at least eighteen (18) years old, or if outside the U.S., of legal age to form a binding contract. You represent and certify that you are legally able to enter into this Agreement and any agreement with barre3’s vendors, partners, and affiliates. Parents and guardians are responsible for monitoring and supervising your minor’s use of the Service. If your minor is using the Service without your permission, please contact us immediately so that we can disable his or her access.

B. Access and Use. If you wish to access or use the Service, or any portion of it, you must read and accept this Agreement. If you register to become a Subscriber, you also agree to: (a) provide true, accurate, current and complete information about yourself as requested in the registration process ("Registration Data") and (b) maintain and update your Registration Data at all times. We reserve the right to suspend or terminate your access or use of the Service (or any portion thereof) at any time, if you provide any information that is untrue, not current or incomplete.

C. Feedback and Suggestions. We welcome your direct constructive feedback (both positive and negative) related to your experience with the Service. Please email all feedback and suggestions to onlinesupport@barre3.com. We may or may not incorporate your feedback or suggestions into the Service. If we do, barre3 shall have the right to use your feedback and suggestions for our sole benefit without any obligation to compensate or credit you.

D. The Service and its underlying information and technology are subject to the laws of the United States as well as international laws, restrictions and regulations that may govern its import, export, access and use. You agree to comply with these laws, restrictions and regulations when accessing or using the Service.

A. License. Subject to your compliance with the terms and conditions of this Agreement, barre3 grants you, for your personal use only, a limited, non-exclusive, revocable, non-sublicensable, non-transferable license, to access and use the Service (i) for your lawful, personal and non-commercial use, (ii) as intended through the normal functionality of the Service, and (iii) streaming a digital transmission of an audiovisual work via the Internet from the Service to your device such that the content is intended for real-time viewing and not for copying, storage, permanent download, or distributed ("Streaming"). Accessing videos via the Service for any purpose or in any way other than for Streaming is expressly prohibited. The Barre3 Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any purpose other than those expressly listed above without barre3’s prior written consent. Except for the license granted to you in this paragraph, barre3 reserves all rights in and to the Service and all Barre3 Content included therein. We may change, add, remove, suspend, or cancel any part of the Service licensed in this Agreement including any feature, functionality and/or content at any time in our sole discretion.

B. Term. This Agreement begins on the date you first access or use the Service and continues as long as you access the Service. All terms expressly stated to survive expiration or termination of this Agreement will so survive, and all other terms that by their nature that are intended to survive expiration or termination will continue in full force and effect after such expiration.

C. Device Requirements. To be able to access or use the Service, including the Streaming videos, you will need to use a personal computer, portable media player, smart television, or other device that meets the system and compatibility requirements of the Service. As our technology evolves, requirements for accessing and using the Service may also change and devices that are now capable of interacting with the Service, may no longer be compatible with the Service in the future.

D. Account Security. You are responsible for all activity and transactions that occur under your account, including by unauthorized users. We recommend you create a complex password to help secure your account. You must safeguard the confidentiality of your password. Each Membership (defined below in Section 3A) or Subscription (defined below in Section 4) is for use by a single person and you must not allow others to use your account. If you are using a device that others have access to, you must log out of your barre3 account after each use. If you become aware of any unauthorized access to your account or other security breach, you must change your password and notify us immediately at onlinesupport@barre3.com. We will not be liable for any loss or damage you suffer due to unauthorized access to your barre3 account or personal device, including for purchases made without your consent.

E. Changes, Suspension and Discontinuation of Content. The Service is always evolving, therefore we may make changes to it form time to time in our sole and absolutely discretion. This means that availability of content, including videos, articles, images, and audio files, may change, be replaced or removed without advanced notice to you. Certain content that is available on one platform, such as the Website, may not be available on another, such as an Application. While we do not intend to do so, we may change, suspend or discontinue the Service or certain portions of it. From time to time, we may also offer certain features or other elements of the Service, including promotions, new plans, pricing, and advertisements, to a limited group of users for testing or experimental purposes. You acknowledge and agree that we may take any of the actions above in our sole discretion at any time without notice to you. Under no circumstances will barre3 be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content made available via the Service.

F. Additional Terms. We may also require you to follow additional rules, guidelines or other conditions in order to participate in promotions or activities we may make available through the Service, to obtain certain premium Content through the Service, or for other reasons ("Additional Terms"). These Additional Terms are part of this Agreement when and as issued.

A. Application User; Member Account. We offer access to free content, features and functions via Applications available on third party marketplaces or platforms. To gain access to such free content, we require that you click to accept this Agreement in the Application; in doing so you will become an "Application User." We may also require you to register to become a member ("Member") by providing your name, a username, password and email address. By clicking to accept this Agreement as an Application User or by registering to become a Member, you warrant that (1) you are legally capable of entering into a binding agreement, (2) the information you provide, if required to be provided, is truthful and accurate, and, (3) your use of the Service will not violate any laws or regulations.

B. Communications. By providing us your email address, you agree to opt-in to receive transactional or administrative emails related to the Service as well as marketing and promotional offers from us or third parties. If you do not wish to receive emails from barre3, you can opt-out by following the instructions in the emails you receive.

C. Application Removal and/or Cancellation. If you are accessing the Service through an Application, cancellation, and removal methods vary depending on your device and the marketplace or platform through which you accessed or downloaded the Application. To uninstall or remove an Application, please use the application manager provided with your device or consult your device manual. Cancellation or removal of the Application may also be governed by third party marketplace or platform cancellation policies.

D. Cancellation by barre3. We may suspend or terminate your Application User or Member Account immediately without notice at any time if you breached or are believed to have breached this Agreement. You will not receive a credit or refund if your account is suspended or terminated in accordance with this section of this Agreement.

We offer users access to content, features and functions of the Service that are not available to the general public (the "Subscription Service") through the sale of subscriptions ("Subscription(s)"). If you purchase a Subscription, you will have access to content available only to Subscribers. Subscriptions are available through the Website and may also be available through device linking in Applications. Subscriptions are not available at any physical barre3® studio.

Please read this Agreement carefully before purchasing a Subscription. When you purchase a Subscription, or use or access the Subscription Service, you agree to be bound by this Agreement, which establishes the entire agreement between you and barre3 for the supply of the Subscription Service. If you do not agree to this Agreement, please do not use the Subscription Service. We reserve the right to change or update this Agreement, or the products and services available through the Subscription Service, at any time in our sole discretion. Changes to the Subscription Service are effective when they are posted to www.barre3.com. If you continue to use the Subscription Service after changes. If you have any questions about the Subscription Service, your Subscription or this Agreement, please contact us via our email address onlinesupport@barre3.com.

You must be 18 years or older to purchase a Subscription. You are not permitted to copy or download any Barre3 Content available through the Subscription Service, including videos. To use the Subscription Service, you must maintain all equipment necessary for access and use of the Subscription Service. You are not permitted to resell any Subscriptions, products or other services purchased through the Service.

A. Subscription Types. We offer various types of Subscriptions: monthly (based on a 30 calendar day cycle "Monthly Subscription"), 3 month (based on a 90 calendar day cycle "3-Month Subscription"), 6 month (based on a 180 calendar day cycle "6-Month Subscription"), 9 month (based on a 270 calendar day cycle "9-Month Subscription"), and a 12 month (based on a 365 calendar day cycle "12-Month Subscription"). As described more in depth below, at the end of the Subscription term, your Subscription will automatically renew at the same price for the original Subscription length indefinitely until canceled in writing, over the phone, or online. barre3 will automatically renew the applicable service when it comes up for renewal and will take payment from the payment method associated with your Subscription Account. If you do not wish for any service to automatically renew, you may elect to cancel renewal, in which case, your Subscription will terminate upon expiration of the then-current term, unless you manually renew your Subscription before that date. If you provide an associated payment card that is determined to be expired, invalid or otherwise not able to be charged, you agree that barre3 may use other payment methods linked to your bank account (such as new credit card credentials from your card issuer) to process Subscription payments.

1. Monthly Subscription. The Monthly Subscription is paid in 30 calendar day or "monthly" installments. For each month your Monthly Subscription is active, you agree and authorize barre3 to charge the Monthly Subscription fee against the most current credit card information associated with you on file with us or our third party payment processing provider. The Monthly Subscription fee will continue to be charged automatically each month until you cancel your Monthly Subscription by following the cancellation procedure in this Agreement. If you wish to avoid being charged for the next month’s Monthly Subscription fee, you must cancel your Monthly Subscription during the 30 calendar days before it renews. The deadline for cancellation is the minute prior to the exact time the subscription was first purchased. No credits or refunds will be provided upon cancellation, except as stated in Section 4B below. You are not permitted to pause your Monthly Subscription during the 30 day Subscription period. However, you may pause your Monthly Subscription for up to three (3) consecutive billing cycles provided you do so before the expiration of your then-current Monthly Subscription Term. You will be responsible for payment upon reactivation of your Subscription regardless of whether you receive a reminder notice about the expiration of your paused status. By pausing your Subscription, you agree and authorize us to bill your account starting at the expiration of your paused Subscription.
2. 3-Month Subscription. The 3-Month Subscription is paid in 90 calendar day installments. For each 90 day period your 3 Month Subscription is active, you agree and authorize barre3 to charge the 3 Month Subscription fee against the most current credit card information associated with you on file with us or our third party payment processing provider. The 3 Month Subscription fee will continue to be charged automatically upon the first day of each 90 day period after your initial 3 Month Subscription until you cancel your 3 Month Subscription by following the cancellation procedure in this Agreement. If you wish to avoid being charged a subsequent 3 Month Subscription fee, you must cancel your 3 Month Subscription during the 90 calendar days before it renews. The deadline for cancellation is the minute prior to the exact time the subscription was first purchased. No credits or refunds will be provided upon cancellation, except as stated in Section 4(I) below. You are not permitted to pause your 3-Month Subscription during the 90 day Subscription period.
3. 6-Month Subscription. The 6 Month Subscription is paid in 180 calendar day installments. For each 180 day period your 6 Month Subscription is active, you agree and authorize barre3 to charge the 6 Month Subscription fee against the most current credit card information associated with you on file with us or our third party payment processing provider. The 6 Month Subscription fee will continue to be charged automatically upon the first day of each 180 day period after your initial 6 Month Subscription until you cancel your 6 Month Subscription by following the cancellation procedure in this Agreement. If you wish to avoid being charged a subsequent 6 Month Subscription fee, you must cancel your 6 Month Subscription during the 180 calendar days before it renews. The deadline for cancellation is the minute prior to the exact time the subscription was first purchased. No credits or refunds will be provided upon cancellation, except as stated in Section 4(I) below. You are not permitted to pause your 6-Month Subscription during the 180 day Subscription period.
4. 9-Month Subscription. The 9-Month Subscription is paid in 270 calendar day installments. For each 270 day period your 9 Month Subscription is active, you agree and authorize barre3 to charge the 9 Month Subscription fee against the most current credit card information associated with you on file with us or our third party payment processing provider. The 9 Month Subscription fee will continue to be charged automatically upon the first day of each 270 day period after your initial 9 Month Subscription until you cancel your 9 Month Subscription by following the cancellation procedure in this Agreement. If you wish to avoid being charged a subsequent 9 Month Subscription fee, you must cancel your 9 Month Subscription during the 270 calendar days before it renews. The deadline for cancellation is the minute prior to the exact time the subscription was first purchased. No credits or refunds will be provided upon cancellation, except as stated in Section 4(I) below. You are not permitted to pause your 9-Month Subscription during the 270 day Subscription period.
5. Annual Subscription. The 12-Month Subscription is paid in 365 calendar day installments. For each 365 day period your 12-Month Subscription is active, you agree and authorize barre3 to charge the Annual Subscription fee against the most current credit card information associated with you on file with us or our third party payment processing provider. The Annual Subscription fee will continue to be charged automatically upon the first day of each 365 day period after your initial Annual Subscription until you cancel your Annual Subscription by following the cancellation procedure in this Agreement. If you wish to avoid being charged a subsequent Annual Subscription fee, you must cancel your Annual Subscription during the 365 calendar day period before it is due to renew. The deadline for cancellation is the minute prior to the exact time the subscription was first purchased. No credits or refunds will be provided upon cancellation, except as stated in Section 4(I) below. You are not permitted to pause your 12-Month Subscription during the 365 day Subscription period.

B. Changes to Subscription Type. You may change your Subscription type at any time by purchasing a different Subscription plan. Your new Subscription plan will begin on the date it is purchased. If you purchased a Subscription plan with a lesser term, you will receive prorated credit equal to the number of days remaining in your previous Subscription plan. This prorated credit will be applied towards your new Subscription plan. You will not receive a refund of any amount.

C. Fees; Fee Changes. Pricing for the Subscription Service may vary periodically. We cannot guarantee that the price of your Subscription is the lowest available, historically lowest, or the best price. You will be charged in accordance with the billing terms you agreed to at the time you Subscribed. We reserve the right to change the Subscription plans, free trial period, promotions, and otherwise to adjust pricing for any service offered through the Subscription Service at any time as we may determine in our sole and absolutely discretion, except that we will not change the pricing of your then-current plan during the plan term. If barre3 exercises its right to adjust pricing or any Subscription plan, it will provide advance notice to you. If you do not agree to the changes in pricing or any Subscription plan, you must cancel your Subscription by following the cancellation procedure in this Agreement on or before the applicable cancellation deadline for your Subscription. No refund will be provided for increased Subscription fees if you do not cancel your Subscription prior to the expiration of your current Subscription term.

D. Processing Errors. If you believe a mistake happened with your Subscription purchase, please ask us to confirm the terms of your purchase in writing; only written changes to the terms of your Purchase or this Agreement will be honored. Subscriptions are nontransferable and cannot be sold, exchanged or transferred.

E. Subscription Account Creation. To create a subscription account (a "Subscription Account"), go to barre3.com and select "Free Online Trial." During the sign up process, you will be prompted to enter your first and last name, email, and credit card information ("User Information"). You are solely responsible for the accuracy of the User Information in your Subscription Account and agree to update your User Information if any changes occur during your Subscription term. You will also be required to create a login and password. You are not permitted to share your login and password credentials with any other person or entity. You are responsible for safeguarding your login, password, other User Information, and for restricting access to your Subscription Account and the Subscription Service by any other person. Barre3 reserves the right to cancel any Subscription it believes is being used fraudulently or is compromised, in its own discretion. You also agree to accept all responsibility for activities that occur in your Subscription Account. When you create a Subscription Account, you must also click a box agreeing to this Agreement. If you do not agree to the terms and conditions in this Agreement, you may not access the Subscription Services. When you complete the Subscription Account creation process, you will automatically be signed up for a free trial described below. You will also receive an email confirming your account creation and the start of your free trial. You will not be charged any amount until the day after the expiration of your free trial. Upon expiration of the free trial, you will automatically be enrolled in the Monthly Subscription or Annual Subscription plan, depending on which option you select when you register for the free trial, unless you cancel your Subscription prior to the end of the free trial by following the procedure in this Agreement.

F. Device Linking. We may give you the ability to access your Subscription account through Applications hosted on third party platforms (e.g. Samsung Health). If we do this, you will be provided a code in your Subscription account that you will be required to enter into the Application on your device. After you authenticate your account by entering the code, you will have access to the Barre3 Content in your Subscription Account through the Application.

G. Subscription Payment. You are required to keep your payment information up to date at all times until you cancel your Subscription. You authorize us or our third party payment processing provider the right to charge fees associated with your Subscription, as well as all applicable taxes, until you cancel your Subscription. All fees are collected in US Dollars and are subject to currency conversion rates from your local currency to US Dollars, as well as any fees that may be imposed by your bank or credit card company. The amount you are charged in your local currency may therefore be more or less than the amount advertised in US Dollars on the Service. Subscription fees will be charged on the same day each month, which is the day after your immediately preceding Subscription expires. You cannot change the day your Subscription fee is charged unless you cancel your Subscription and resubscribe to the Subscription Service. Your credit card information may automatically be updated by your credit card issuer. You may have the right to opt out of this update service. If you wish to do so, please contact your credit card issuer. You are responsible for all charges associated with your account, including unauthorized charges, up and until the time you notify us of any unauthorized activity on your Subscriber account. We will not provide refunds or credits for any Subscription fees charged against credit card information that was updated by your credit card issuer, with or without your knowledge or consent. We will not send you a receipt of payment. You may view your Subscription fee charges and other purchases in your Subscription Account or on your credit card statement.

H. Promotions. From time to time in our sole discretion, we may offer promotions of various kinds including sign-up incentives, incentives to increase your subscription term, or other promotions. Examples of such promotions include free trial periods (e.g. 14 day free trial) or discounted initial terms (e.g. first month for $1). Terms of promotions will vary. We reserve the right to discontinue or change the terms of any promotion at any time. Unless otherwise permitted by the rules of the promotion, you may only use each promotion once and only if you have not previously purchased a Subscription. You are not permitted to create numerous Subscriber accounts to take advantage of multiple promotions. Promotions cannot be combined with any other promotion, past or present. If you violate this term, you will be charged an amount equal to the then-current Monthly Subscription Fee for each promotion for which you are not eligible. You acknowledge and agree that such fee is not a penalty, but will be considered liquidated damages in light of the difficulties in estimating the damages to barre3 for violation of the promotion terms. The rules of the promotion may provide that upon expiration of the promotion, your credit card will be automatically charged the then-current Subscription Fee associated with the promotion, unless you cancel your Subscription prior to the end of the promotion. For example, if you sign up for a free trial and choose the Monthly Subscription option, your credit card will automatically be charged the then-current Monthly Subscription Fee upon expiration of the free trial, unless you cancel your Subscription prior to the end of the free trial period. If you do not wish to be enrolled in a Subscription and charged the associated Subscription fee, you must cancel the Subscription prior to the expiration of the promotion period by following the cancellation procedure below.

1. Discounts. We may offer discounted Subscriptions from time to time in our sole and absolute discretion. You may purchase a discounted Subscription during your free trial period. If you signed up for a free trial and do this, your free trial will end on the date of your purchase and your Subscription will begin on the same day. If you purchase a discounted Subscription, the discounted Subscription fee will apply only to the period of time for which the discount is advertised. At the expiration of the discounted Subscription, you will automatically be charged the non-discounted rate for a renewal Subscription of the same Subscription type you purchased. If you do not wish to be charged the then-current Subscription fee as explained above, you must cancel your Subscription by following the cancellation procedure in this Agreement. Discounted Subscription fees are only available to first time Subscription purchasers; except that, you are eligible to purchase a discounted Subscription if you previously signed up for the free trial and did not purchase a Subscription after it expired. You will be charged an amount equal to the then-current Subscription fee for each discount you take advantage of for which you are not eligible. You acknowledge and agree that such fee is not a penalty, but will be considered liquidated damages in light of the difficulties in estimating the damages to barre3 for violation of these terms.
2. Student Discounts. We offer discounts to eligible students. To receive a student discount, you must have an account with Unidays, a third party affiliate. If you are eligible for a Unidays account, you may access a discount code for barre3 Subscriptions by following this link: https://www.myunidays.com/US/en-US/partners/barre3/view/online. To apply the discount, you must enter the discount code given to you by Unidays when you check out on the Website.

I. Subscription Cancellation by You. You may cancel your Subscription or free trial by logging into your Subscription Account, clicking on "My Subscription" and selecting the "Cancel" button. Cancellation of your Subscription will become effective upon the expiration of your current Subscription term. If you cancel your Subscription on the date your credit card is charged, no refund will be provided. You will continue to have access to the Subscription Service until your cancellation becomes effective on the last day of the current Subscription term. No refunds for failure to cancel your Subscription before the end of the current term will be provided under any circumstance.

J. Subscription Communications. By becoming a Subscriber, you agree to opt-in to receive transactional and administrative emails related to the Subscription Service as well as marketing and promotional offers from us or third parties. If you do not wish to receive these emails, you can opt-out by following the instructions in the emails you receive.

K. Subscriber Warranty. By purchasing a Subscription, you warrant that (1) you are legally capable of entering into a binding agreement, (2) the information you provide barre3 is truthful and accurate, and, (3) your use of the Subscription Service will not violate any laws or regulations, domestic or international. 

L. Product Disclaimer. We reserve the right to change, update or remove content available through the Subscription Service in its sole & absolute discretion at any time. We make no representation or warranty of any kind, express or implied, as to the completeness, accuracy, reliability or availability of the Subscription Service. Further, barre3 does not provide any guarantee or warranty as to the results that can be achieved by using the Subscription Service, fitness or otherwise. You agree to use the Subscription Service at your own risk. See our full Disclaimer of Warranties in Sections 8 and 9 below.

A. Inactive Account. We reserve the right, but is under no obligation to delete your account if it is inactive from lack of access the Service for a period of at least six (6) months, or if you are a Subscriber immediately when payment is declined or otherwise ceases.

B. Suspension or Termination for Cause. We may suspend, disable or terminate your Member or Subscription Account, or block or remove any User Content (defined in Section 6) you submitted, immediately without notice at any time if barre3 determines in its sole discretion that you violated any of the terms of this Agreement, or that your conduct or User Content would damage barre3's reputation or goodwill. If barre3 exercises its rights to suspend or terminate your account, you agree to immediately stop accessing or using (or attempting to access or use) the Service in any way, and you agree not to circumvent, avoid, or bypass such restrictions, or otherwise restore or attempt to restore such access or use. We may block your email address and Internet protocol address to prevent re-registration by you. We are not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account. You will not receive a refund or credit if your Subscription is suspended or terminated. This Agreement shall survive such terminate and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied. After termination, we may access, preserve or disclose your account information or content if required by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process nationally or internationally; (b) enforce this Agreement; (c) respond to claims that any content violates the rights of third parties; or (d) respond to your requests for customer service.

A. User Content. In order to create a community experience where users can encourage and motivate one another, we give you the ability to submit or post text comments and other content (such as images or graphics) ("User Content") through certain features of the Service, including the Website. We aim to foster a welcoming and respectful community. You are solely responsible for User Content that you post, or otherwise make available on the Service. You are required to be courteous and civil in all interactions with barre3, including its employees, independent contractors, agents and representatives, and its community members. We do not and cannot screen, monitor or control all content posted via the Service and do not guarantee the accuracy, integrity or quality of such content. However, barre3 reserves the right to monitor your User Content and you hereby provide your irrevocable consent to such monitoring and waive any expectation or privacy in your User Content. We further reserve the right, but not the obligation, in our sole discretion to edit, refuse publishing, or delete any User Content in our sole discretion. We also do not guarantee that you will not be exposed to content that you deem offensive, indecent or objectionable. You are solely responsible for your interactions with other users. We reserve the right, but have no obligation, to investigate or adjudicate disputes between you and any other user. If you believe any User Content to be in violation of this Agreement, report email us at onlinesupport@barre3.com. Under no circumstances will barre3 be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of the posting of any User Content via the Service.

B. User Content License. By publishing, commenting or posting User Content via the Service, you hereby grant us a non-exclusive, fully-paid, royalty-free, perpetual, irrevocable, worldwide license (with the right to sublicense) to distribute, use, copy, modify, adapt, translate, create derivative works, publish, publicly perform, publicly display, store, transmit, and otherwise make available such User Content (including without limitation, your name and likeness, photographs and testimonials) for any purpose whatsoever, commercial or otherwise, without your consent, prior notification, compensation or credit. You also waive any "moral rights" or "performance rights" in your User Content. You also grant all users of the Service permission to view your User Content. You may request that User Content you posted be removed by contacting onlinesupport@barre3.com. We may or may not be able to remove the requested User Content depending on the type of content, location and manner of positing. We have no obligation to remove any User Content, and will do so in our sole discretion and to the extent we desire. You acknowledge and agree that if we agree to remove User Content upon your request, such content may remain as back-up copies in barre3 servers and barre3 retains the rights to all such copies. You represent and warrant that: (a) you own all right, title and interest in all User Content posted by you via the Service, (b) the posting of your User Content via the Service does not violate the intellectual property rights, privacy rights, or any other right of any third party, and (c) the User Content complies with this Agreement and all applicable laws.

C. Prohibited User Content. You must not post any objectionable User Content. We reserve the right, but have no obligation, to remove User Content that is, in our sole discretion, objectionable, inappropriate, off-topic, violative of any law, regulation or the right of any person. We may also, in our sole discretion, investigate or take legal action against anyone who violated or is believed to have violated this section, including suspending or terminating your access to the Service. "Objectionable" User Content includes, but is not limited to content that:

• infringes upon any third party's intellectual property rights, (including pirated music or copyrights or trademarks);
• is deceptive, including the impersonation of any other person;
• is inaccurate, irrelevant or inappropriate for posting on the Service;
• contains sexually explicit or pornographic content;
• promotes false or misleading information;
• is hateful, vulgar, threatening, obscene, defamatory, discriminatory, libelous or otherwise objectionable;
• harasses, stalks, denigrates, ridicules or intimidates;
• advertises or solicits the purchase any product or service, including through contests or sweepstakes;
• promotes fraudulent schemes, multi-level marketing schemes, get rich quick schemes, gaming, gambling, work from home businesses, or any other questionable ventures;
• depicts or promotes acts of violence, criminal activity or unlawful acts, including animal cruelty;
• exploits minors;
• infringes upon any third party's privacy rights; contains information or the likeness of another person including their name, address, email, governmentally issued identification number, telephone number, likeness, or other personally identifiable information without such person’s consent;
• contains programs, scripts or algorithms such as viruses, time bombs, trojan horses, spiders, bots, worms or other harmful, or disruptive applications designed to interrupt, destroy or limit the functionality of the Service, or any device or telecommunications equipment;
• consists of "spam," "junk mail," or similar unsolicited mass messaging;
• interferes with or disrupts the Service;
• is restricted or requires password access to view; or,
• includes any content that violates any law or regulation.

D. Disclosure of Your Account Information and User Content. We may access, preserve and disclose any of your account information and User Content if required to do so by law or if we have a good faith belief that such access, preservation or disclosure is reasonably necessary, for reasons including to: (i) responding to claims asserted against us or to comply with legal processes; (ii) enforcing this Agreement; (iii) responding to claims that any User Content violates the rights of third parties; (iv) fraud prevention, risk assessment, investigation, or customer or technical support; or (v) the protection of the rights, property or personal safety of barre3 (including its employees, independent contractors, agents and representatives), its users or any other person, including the reporting of a suspected crime.

• Program description: barre3 uses SMS messages to communicate with our registered members and guests for class booking confirmations, waitlist alerts, schedule changes, and occasional promotional offers or events. Only opted-in users who are active in the barre3 database will receive these communications.
• Frequency: Message frequency varies. Typically, active barre3 members will receive approximately 2 to 4 transactional messages per week (such as class booking or waitlist confirmations) and no more than 4 promotional messages per month.
• Opt-out: Reply “STOP” to opt out of receiving SMS messages. After you send the SMS message “STOP”, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, sign up as you did the first time and we will start sending SMS messages to you again.
• Help: If you need any help with the SMS messages you receive, you can contact us at onlinesupport@barre3.com or reach out to your local studio. You can find their contact information by finding their website, here: https://barre3.com/studio-locations. 
• Interruption: Carriers and barre3 is not liable for delayed or undelivered messages.
• Cost: Message and data rates may apply for any messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, contact your wireless provider.
• Privacy: If you have any questions regarding privacy, please read our privacy policy at barre3.com/privacy. Twilio is our partner for SMS messaging. If you have any questions, please review their privacy policy here: https://www.twilio.com/en-us/legal/privacy
   

In using the Service, it is strictly prohibited for you to engage or attempt to engage in a prohibited activity, or to solicit another party to do the same. We reserve the right, in our sole discretion, to investigate and take legal action against anyone who breaches, or who is believed to have breached this Section, including suspending or terminating access to the Service. "Prohibited activities" include the following:

• use of any programs, scripts or algorithms such as viruses, time bombs, trojan horses, spiders, bots, worms or other harmful, or disruptive applications to (i) hack, mine or otherwise gain access to the Service, or any part of the Service, or any other system or network connected to the Service (such as a barre3 server), (ii) access, acquire, copy or monitor any portion of the Service, (iii) interrupt or disrupt the proper working of the Service or any transaction conducted on the Service, or with any other person’s use of the Service, or (iv) copy or circumvent the structure of the Service to gain or attempt to gain access to materials or information not made available intentionally by us through the Service,
• except with respect to your User Content, to collect, reverse look-up, trace, publish, use, or distribute, directly or indirectly, via any platform, distribution channel or method, any content or information obtained in the Service, including information related to another user, other than User Content;
• modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service;
• impose an unreasonable or disproportionately large load on the infrastructure of the Service, or barre3 system or network, or any systems or networks connected to the Service,
• disguise your identity or the origin of any communication you send to barre3 on or through the Service,
• "frame" or "mirror" any part of the Service or the Site;
• use any technique to direct business away from barre3, including the use of any barre3 trademark, trade name, service mark, logo or slogan; and,
• use the Service in any manner that violates any law or regulation, domestic or international.

PHYSICAL EXERCISE IS A STRENUOUS ACTIVITY. YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL BEFORE PERFORMING ANY OF THE EXERCISES, ROUTINES, POSES, OR PROGRAMS, OR USING ANY OF THE RECOMMENDED EQUIPMENT SHOWN IN ANY VIDEO, OR OTHER MATERIAL THROUGH THE SERVICE. ALL SUGGESTIONS AND INSTRUCTION RELATING TO THE USE OF EQUIPMENT, POSES, AND MOVES BY A BARRE3 INSTRUCTOR IN VIDEOS AVAILABLE VIA THE SERVICE ARE NOT REQUIRED TO BE PERFORMED BY YOU AND ARE PERFORMED AT YOUR SOLE DISCRETION. DO NOT USE THE SERVICE IF YOUR PHYSICIAN OR HEALTH CARE PROVIDER ADVISES AGAINST IT. STOP IMMEDIATELY IF YOU EXPERIENCE FAINTNESS, DIZZINESS, OR PAIN AT ANY TIME WHILE PERFORMING ANY EXERCISE ROUTINE OR POSE, OR FROM USING ANY OF THE RECOMMENDED EQUIPMENT IN ANY BARRE3 VIDEO. WE ARE NOT A MEDICAL ORGANIZATION AND OUR INSTRUCTORS DO NOT AND CANNOT GIVE YOU MEDICAL ADVICE OR DIAGNOSIS. WE DO NOT REPRESENT IN ANY WAY THAT ANY NUTRITIONAL OR FITNESS ADVICE PROVIDED BY AN INSTRUCTOR CONSTITUTES QUALIFIED EXPERT ADVICE. THE SERVICE MAY OFFER GENERAL HEALTH AND FITNESS INFORMATION, THIS INFORMATION IS FOR INFORMATIONAL PURPOSES ONLY. NOTHING CONTAINED IN OR AVAILABLE THROUGH THE SERVICE IS INTENDED TO BE, AND MUST NOT BE CONSTRUED AS, MEDICAL OR COUNSELING ADVICE. FOR PURPOSES OF THIS AGREEMENT, MEDICAL AND COUNSELING ADVICE MEANS, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR HEALTH OR NUTRITION CARE, TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. YOU SHOULD NOT RELY ON ANY INFORMATION ON THE SERVICE AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL OR COUNSELING ADVICE, DIAGNOSIS, OR TREATMENT.

BY USING THE SERVICE, YOU REPRESENT THAT YOU UNDERSTAND AND AGREE THAT PHYSICAL EXERCISE INVOLVES STRENUOUS PHYSICAL MOVEMENT, AND THAT SUCH ACTIVITY CARRIES THE RISK OF INJURY, WHETHER PHYSICAL OR MENTAL. YOU UNDERSTAND THAT IT IS YOUR RESPONSIBILITY TO JUDGE YOUR PHYSICAL AND MENTAL CAPABILITIES TO ENGAGE IN SUCH ACTIVITIES. IT IS YOUR RESPONSIBILITY TO ENSURE THAT YOU DO NOT EXCEED YOUR LIMITS WHILE PARTICIPATING IN VIDEO CLASSES ON THE SERVICE, AND YOU WILL SELECT THE APPROPRIATE LEVEL OF ACTIVITY FOR YOUR SKILLS AND ABILITIES, AS WELL AS FOR ANY MENTAL OR PHYSICAL CONDITIONS AND/OR LIMITATIONS YOU MAY HAVE. YOU UNDERSTAND THAT FROM TIME TO TIME BARRE3 INSTRUCTORS MAY SUGGEST POSES, ADJUSTMENTS OR THE USE OF EQUIPMENT, INCLUDING BALLS, STRAPS, BANDS, SLIDERS AND WEIGHTS, AND IT IS YOUR SOLE RESPONSIBILITY TO DETERMINE IF ANY OF THESE SUGGESTIONS ARE APPROPRIATE FOR YOUR ABILITY LEVEL AND PHYSICAL AND MENTAL CONDITION. THE USE OF THE SERVICE AND ANY INFORMATION PROVIDED ON THE SERVICE IS SOLELY AT YOUR OWN RISK.

EXERCISE PHILOSOPHIES AND REGIMENS ARE CONTINUALLY UNDER DEVELOPMENT. WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO THE ACCURACY, COMPLETENESS, CURRENTNESS OR APPROPRIATENESS OF ANY EXERCISE ROUTINE, PROGRAM, POSE, OR TECHNIQUE INCLUDED IN THE SERVICE. WE DO NOT GUARANTEE OR WARRANT THAT USE OF THE SERVICE WILL YIELD ANY PARTICULAR FITNESS OR HEALTH RESULT, GOAL OR OBJECTIVE. YOU EXPRESSLY WAIVE AND RELEASE ANY CLAIM THAT YOU MAY HAVE FOR INJURY OF ANY KIND AGAINST BARRE3, OR ANY PERSON OR ENTITY ASSOCIATED WITH BARRE3, INCLUDING WITHOUT LIMITATION ITS DIRECTORS, PRINCIPALS, INSTRUCTORS, INDEPENDENT CONTRACTORS, EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES AND REPRESENTATIVES.

To the fullest extent permitted by law, you agree that the Service and all content provided in the Service is provided "AS IS," "WHERE IS," "WITH ALL FAULTS" and without any warranty of any kind, express or implied, including any warranty of merchantability or fitness for a particular purpose. Further, we expressly disclaim all liability for errors and omissions related to the Service and all content provided in the Service. Your access and use of the Service is therefore at your sole risk.

IF YOU DO NOT ACCEPT THE LIMITATION OF LIABILITY BELOW, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE SERVICE, INCLUDING THE WEBSITE OR APPLICATIONS.

To the fullest extent permitted by law, in no event shall barre3, nor its affiliates, officers, directors, members, employees, independent contractors, agents or representatives be liable for: (I) any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for personal injury, death, loss of livelihood, loss of enjoyment, pain or suffering, emotional distress, loss of profits, loss of future earnings, goodwill, use, and/or any other damages or other intangible losses, (II) completeness, errors, inadequacies, mistakes, quality, or inaccuracies as to the content provided through the Service, (III) content posted by other users that you may feel to be defamatory or offensive, (IV) objectionable or illegal conduct of any third party, including other users, (V) streaming quality or video resolution, Internet bandwidth, device compatibility or viewing capabilities, (VI) availability, interruption or cessation of the Service, (VII) unauthorized access or use of your barre3 account or login credentials, (VIII) any product or service offered by a third party through the Service (bare3 does not monitor, investigate or resolve any transactions or disputes between you and any third party), (IX) unauthorized access to barre3 servers and access or use of your personal or financial information stored therein, (X) malware, including bots, bugs, viruses, Trojan horses, (XI) the security of the Service including the unauthorized access, interception, corruption, damage or misuse of any information you download or share, or (XII) any other loss or damage of any kind incurred as a result of the use of any content published or transmitted, through the Service, whether such above listed claims are based on theories of warranty, contract, tort, or any other legal theory, and whether or not barre3 is advised of the possibility of such damages. No communication of any kind between you and barre3, or a barre3 representative, shall constitute a waiver of any limitation on liability hereunder or create any additional warranty not expressly stated in this Agreement. In the event that this limitation on liability is not enforceable, barre3 (and each of the its affiliates' listed above in this paragraph), total liability to you shall not exceed the amounts paid by you to barre3 during the twelve (12) months immediately preceding your claim(s).

Depending on the laws of the jurisdiction where you live, you may have certain rights that cannot be waived through this Agreement, as a result certain provisions of this Agreement may be unenforceable as to you. To the extent that any term or condition of this Agreement is unenforceable, the remainder of the Agreement shall remain in full force and effect.

The Service may contain links to products or services, including websites or applications, owned or offered by third parties, which you may access by leaving the Service. We do not monitor or control third party linked websites or applications. Reference to any third party, or their products or services, on the Service does not constitute an endorsement or recommendation by barre3 or any of its officers, directors, members, employees (including instructors), independent contractors, agents or representatives. We are not responsible for reviewing or approving third parties or the products, services or content made available by them through linked websites, applications or otherwise. You should conduct your own research regarding third parties and their products or services before engaging with any third party. We do not warrant and will not be liable to you for any damage or loss caused or alleged to be caused, by or in connection with the use of any links, content, products or services made available by third parties. In other words, your business dealings and communications with a third party you find through the Service, regarding purchase, payment or delivery of goods or services, warranties or any other matter are solely between you and such third party. If you access or use a third party website or application, or use a third party product or service, you do so at your own risk. Before you use any third party product or service, you should review the applicable terms and conditions of use.

Unless owned by a third party and licensed to barre3 (including User Content), barre3 owns and retains the exclusive proprietary rights in all content in the Service, including the Website and Applications, including all routines, arrangements, selections, images, videos, text, logos, graphics, photographs, illustrations, artwork, software, trademarks, trade names, service marks, and other intellectual property, registered or unregistered, related thereto ("Barre3 Content"), each of which are protected by copyright, patent, trademark, trade secret or other proprietary rights, in all forms, media and technologies existing now or hereafter developed. You agree not to copy, download, modify, delete, remove, distort, sell, post, transmit, display, distribute, perform, broadcast, create derivative works, make non-personal use of, make available, or reproduce, in any way, in whole or in part, any Barre3 Content or third party intellectual property, without first obtaining our prior written consent or the prior written consent of the third party owner or licensor. You agree that nothing contained in the Services or this Agreement should be construed as granting any license or right, by implication or otherwise, to use any Barre3 Content or third party content without the express prior written consent of barre3, or the third party owner of such content.

We reserve the right, in our sole discretion, to immediately suspend or terminate access to the Service by any user who is alleged or believed to have infringed on the intellectual property rights of barre3 or a third party, or who otherwise violates any intellectual property laws or regulations.

It is our policy to investigate any good faith allegations of copyright infringement brought to our attention. In accordance with the requirements of the Digital Millennium Copyright Act ("DMCA"), we will promptly remove materials from the Service if properly notified that the materials infringe a third party's copyright.

A. DMCA Notice. If you have a good faith reason to believe that your work, or the work of another for whom you are the agent, has been used in any way that constitutes copyright infringement, and you want us to delete, edit, or disable such content, please provide us with a written notice containing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17, U.S.C. sec 512 ("DMCA")): (i) information reasonably necessary for us to contact you, such as your name, address, telephone number, and email address; (ii) a description of the copyrighted work that you claim has been infringed and where on the Service the material may be found (e.g., the URL); (iii) to the extent known, information for us to contact the infringing party, such as their name, address, telephone number, and email address; and (iv) a signed statement UNDER PENALTY OF PERJURY 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, and that the information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner. Submit this information via by email to: onlinesupport@barre3.com or by mail to: B3 Studios LLC, 25 N Shaver Street, Portland, Oregon 97227.

B. DMCA Counter-Notice. If you believe that your content has been removed improperly or by mistake, please provide us with a written counter DMCA notification containing the following information: (i) information reasonably necessary for us to contact you, such as your name, address, telephone number, and email address; (ii) a description of the copyrighted work that you claim has been infringed and where on the barre3 Service the material you claim to have been improperly removed was originally found (e.g., the URL), (iii) a signed statement UNDER PENALTY OF PERJURY that you have a good faith belief that the material was removed or disabled improperly or by mistake, that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, any judicial district in which the Service may be found, and that you will accept service of process from the person who filed the original DMCA notice or an agent of such person. You may submit this information via: 1. Email: onlinesupport@barre3.com 2. Our Copyright Agent (see contact information below).

Please be advised we may request additional information necessary to complete your DMCA notice or counter-notification. Please provide all requested information promptly. If you fail to comply with all of these requirements, your DMCA notice or counter-notification may not be processed, and the alleged infringing copyrighted content may not be removed or restored. You represent that all information you submit in any DMCA notice or counter-notification is accurate.

We may disclose DMCA notices and related communications or other intellectual property complaints with third parties, including those who are accused of infringing intellectual property rights. We will also send complete counter-notifications to the party who submitted the DMCA notice. Please be advised that that party may elect to file a lawsuit against you for copyright infringement. If we do not receive notification that a lawsuit was filed within ten (10) business days after we provide notice of your counter-notification, we will repost the removed content. Until that time, your content will remain removed.

YOU MAY BE SUBJECT TO LIABILITY IF YOU KNOWINGLY MISREPRESENT THAT MATERIAL IS INFRINGING OR WAS REMOVED OR DISABLED IMPROPERLY OR BY MISTAKE UNDER SECTION 512(f) OF THE COPYRIGHT ACT, 17 U.S.C. § 512(f).

Please send your DMCA notice or counter-notification, and any requests or inquiries concerning third party intellectual property to barre3 at: 25 N Shaver Street, Portland, Oregon, 97227 Attn: Legal Dept. or via email: legal@barre3.com.

We respect your privacy rights and allow you to control the treatment of certain personal information. Our Privacy Policy, which is expressly incorporated into this Agreement by this reference, explains what information about you we may collect, how that information used and when and with whom we may share it.

You agree to indemnify, defend, and hold harmless barre3 and its affiliates, directors, officers, employees, independent contractors, consultants, agents, and representatives, from and against any and all liability, claims, damages, liabilities, obligations, losses, costs and expenses (including attorney's fees) that arise from: (i) your access or use of the Service; (ii) breach by you of any term of this Agreement; (iii) your violation of a third party right, including an intellectual property right, or (iv) any claim related to your User Content. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification and you agree to cooperate with barre3 in connection with such indemnification obligations. This indemnification obligation shall survive the expiration or termination of this Agreement.

By accessing or using the Service (including the Website and Application), you agree that the exclusive means of resolving any dispute or claim between you and barre3 (including any officer, director, member, manager, employee, independent contractor, agent or representative, or any affiliate of any of these parties (the "barre3 Parties")) arising out of or relating to: (i) this Agreement, (ii) the Service, including the Website or Applications, or (iii) any transaction between us, shall be by binding arbitration. If a dispute arises, you must give Barre3 written notice and an opportunity to resolve it. Your notice must include your name, your address, a written description of the dispute, and a specific description of the relief you are seeking. If Barre3 does not resolve the dispute within 45 days after receiving your notice, you may pursue arbitration proceedings as set out in this section. 

You and barre3 agree that any decision regarding the enforceability or validity of this arbitration provision will be determined by the arbitrator and not by any court. You further agree not to, under any circumstances, bring or maintain any claim against the barre3 Parties as part of a class action, class arbitration, or other representative action or proceeding. In agreeing to this, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT INCLUDING YOUR RIGHT TO A JURY TRIAL. YOU ARE ALSO GIVING UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR OTHER CLASS PROCEEDING. For certain disputes or claims, both you and Barre3 retain the right to seek relief in a small claims court as an alternative to binding arbitration. If you do not agree to this arbitration agreement and class action waiver, you must send a written letter to us at 25 N Shaver Street, Portland, Oregon 97227 within ten (10) days of your initial assent to these Terms (such as your first purchase of any service or use of our websites) that specifies: (i) your name; (ii) your mailing address; and (iii) your request to be excluded from the final, binding individual arbitration procedure. In the event that you opt-out consistent with the procedure set forth above, any claim or dispute between you and Barre3 that arises in whole or in part out of this Agreement or from the access or use of the Service shall be decided exclusively by a court of competent jurisdiction located in Portland, Oregon and all other terms shall continue to apply, including the waiver of class action rights. 

In arbitration, your claims will be heard and determined by a neutral arbiter, not a judge or jury. You are entitled to a fair hearing in front of the arbitrator. Arbitration is usually a more informal streamlined procedure than a court proceeding. An arbitrator can grant the same relief that a court can award. Therefore, decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. The arbitrator will not have the authority to: (1) consolidate claims brought by more than one person against the barre3 Parties; (2) preside over any representative or class action against the barre3 Parties; or (3) award damages to a class. Any proceeding to confirm, modify, or vacate an arbitration award may be commenced in any court of competent jurisdiction. You acknowledge and agree that this class action waiver is material to the agreement to arbitrate disputes. 

You and Barre3 will each bear its own expenses in the arbitration and will pay its respective costs of the arbitration as set out by the American Arbitration Association ("AAA") rules or, if not set out by the AAA rules, the parties will share equally the costs of the arbitration; provided, however, that the arbitrator shall award costs and fees to the prevailing party if it is determined that the other party submitted a claim with no reasonable basis or filed any claim in bad faith. Depending on the circumstances of the dispute, including the size and nature of the claim and your ability to pay, Barre3 may subsidize some of your costs of the arbitration if you are a consumer. You have the right to be represented in the arbitration proceedings by a representative of your choosing, at your own expense. 

This Agreement, and any dispute between you and barre3, shall be governed by the laws of the state of Oregon without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act. Arbitration will be administered by the AAA and conducted under AAA’s Commercial Arbitration Rules in effect at the time of the dispute, unless you are a consumer, in which case arbitration will be conducted under AAA’s Consumer Arbitration Rules. For arbitration conducted under AAA’s Commercial Arbitration Rules, the proceedings will be conducted in Portland, Oregon unless otherwise agreed upon between the parties. You may obtain copies of the applicable AAA Arbitration Rules which explain how to begin an arbitration procedure by visiting the AAA website at www.adr.org, or by calling AAA at (800) 778-7879. 

In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against the barre3 Parties may be commenced only in the federal or state courts located in Portland, Oregon. You hereby irrevocably consent to the jurisdiction of these courts and waive any right to a trial by jury. 

A. Integration. This Agreement together with the Privacy Policy, any Additional Terms, and legal notices published on the Service, shall constitute the entire agreement between you and barre3 shall and supersede any prior agreements between you and barre3 with respect to the Service and the provisions of this Agreement.

B. Modification. We reserve the right to modify this Agreement in our sole discretion at any time without advance notice. We will post all updated versions of the Agreement through the Service (Website and Application) or by email to you. Modifications will go into effect on the date posted through the Service. It is your responsibility to review all modifications. Your access and/or use of the Service after this Agreement is modified will constitute your consent to all revised terms.

C. Assignment. We may transfer or assign this Agreement and any of our rights and/or obligations under this Agreement at any time in our sole discretion. This Agreement may not be transferred or assigned by you without barre3’s express prior written consent.

D. Waiver and Severability. The failure by barre3 to exercise or enforce any right under this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, all other provisions of this Agreement remain in full force and effect.

E. Statute of Limitations. All claims or causes of action arising out of or related to the access or use of the Service, or this Agreement, must be filed within one (1) year after such claim or cause of action arises or be forever barred, regardless of any law or statute to the contrary.

F. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Oregon, without respect to its conflict of laws principles. You agree that the Service shall be deemed to be based in Oregon and to be a passive service that does not give rise to personal jurisdiction over barre3, either specific or general, in jurisdictions other than Oregon.

G. Contact and Notice. If you have any questions or comments regarding this Agreement or the Service, please contact us at: onlinesupport@barre3.com or by mail to: 25 N. Shaver Street, Portland, Oregon, 97227, Attn. B3 Online Support.