These terms of use (the “Terms”) are a legal contract between you and Nosta Sauna Lounge, LLC. (the “Company”, “we”, or “us”) and are applicable to the services offered by us or accessible through the Company’s website, nostasauna.com, and mobile app (collectively, the “Site”). You agree to the Terms when you access the Site.

Medical Disclaimer

The information provided on the Site is information and should not be considered a substitute for professional medical advice. You should not use the information on this website to diagnose or treat an existing medical or health condition. If you have or suspect that you have a medical problem, contact your healthcare provider.

Reliance on any information presented on the Site is solely at your own risk. The Company and its contributors do not assume any responsibility or liability for any consequences related directly or indirectly to any action or inaction you take based on the information found or linked to the Site.

The views expressed on the Site are solely the opinions of the author(s) and do not necessarily reflect the official policy, stance, or opinions of the Company.

The company does not endorse, and expressly disclaims any responsibilities for the content, products, or services of any third-party websites or sources mentioned or linked to the Site.

Site Use

You may need to provide your legal name, email address, preferred password, and other information to access certain content, services, or areas of the Site. The Company reserves to right to approve or deny access to the aforementioned areas. By using the site, you represent, acknowledge, and agree that you are at least 18 years of age or the age of legal majority in your country of jurisdiction, or if you are under 18 years of age that you are at least 13 years old (a “Minor”), that you are using the Site with the consent of your parent or legal guardian who has agreed to the Terms. If you are a parent or legal guardian agreeing to the Terms in lieu of a Minor, you are fully responsible for the Minor’s use of the Site, including any legal liability incurred by the Minor. If you are not at least 13 years of age, you may not use the Site.

The company provides you a limited, personal, non-exclusive and non-transferable license to use the Site.

Password

Once you register for the Site, you are responsible for the confidentiality and protection of your account password (“the Password”), and for all the activities that occur using your Password. You agree to not share your Password or let others access or use your Password or do anything to jeopardize the security of your Password. You agree to promptly inform the Company if your Password is lost, stolen, or if you are aware of any unauthorized use of your Password. You agree, when you register for the Site, that all the information that you provide is accurate and up to date. You may update, correct, or remove any information from your account by directly logging into your account and making the desired changes.

Mobile Application

The following terms apply to a mobile application available on a Apple iOS-powered mobile device (an “iOS App”) and a Google Play-powered mobile device (a “Google Play App”).

iOS App

  • You agree that these Terms apply to you and the Company, and not with Apple, Inc. (“Apple”).
  • Your use of the iOS App must comply with Apple’s App Store Terms of Service at the time of app download or app update.
  • The Company, and not Apple, is responsible for addressing any claims by you or any third-party related to the iOS App or your possession and/or use of the iOS App, including, but not limited to
    • (i) product liability claims
    • (ii) claims that the iOS App fails to conform to any applicable legal or regulatory requirement
    • (iii) claims arising under consumer protection or similar legislation
  • and all such claims are governed solely by these Terms and any law applicable to us as the provider of the iOS App.
  • You agree that the Company, and not Apple, shall be responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to the iOS App or your possession and use of the iOS App.
  • You represent and warrant that
    • (i) you are not located in a country that is subject to an embargo by the US government or that has been designated as a “terrorist supporting” country by the US government; and
    • (ii) you are not listed on any US government lists of prohibited or restricted parties.
  • You agree to remain in compliance with all applicable third-party terms of agreements when using the iOS App.
  • You agree that Apple and Apple’s subsidiaries are third-party beneficiaries to these Terms as they relate to your license of the iOS App. When you agree to the Terms, Apple has the right to enforce these Terms against you as they relate to the license of the iOS App as a third-party beneficiary thereof.

Google Play App

  • You agree that these Terms apply to you and the Company, and not with Google LLC. (“Google”).
  • Your use of the Google Play App must comply with Google Play’s Terms of Service at the time of app download or app update.
  • Google is only a provider of the Google Play App. The Company, and not Google, is solely responsible for the Play Store App and the Services and content available thereon. Google has no responsibility or liability to you with respect to the Google Play App or these Terms.
  • You acknowledge and agree that Google is a third-party beneficiary to the Terms as they relate to the Google Play app.

iOS App and Google Play App

You acknowledge that by using the mobile application to access the Site, the iOS App or Google Play App may automatically download and install a software update periodically, and you agree to receiving those updates on your mobile device as part of your use of the Site.

Geo-Location Terms

The Site may make the use of functionalities and services provided by third parties that allow the Company to provide maps, geocoding, places, and other content related to geo-location. If the mobile application you installed includes geo-locating services from Google LLC (“Google”), the use of such geolocation services is subject to Google’s then-current Terms of Use for Google Maps and by using such services, you are agreeing to Google’s Terms of Use.

You may be permitted to use the Company’s mobile application to order sauna memberships or packages.  To do so, you acknowledge and agree that you must supply information relevant to your transaction to our third-party payment processor, MINDBODY, including, without limitation, your credit or debit card number, the expiration date of your credit or debit card, the name on your credit or debit card, and/or your billing address (the “Payment Information”). By providing the Payment Information, you expressly authorize us and/or our third-party payment processor to charge the applicable fees to the payment method provided by you, as well as any applicable taxes and other charges incurred thereto. You agree that we (or our third-party payment processors) may charge any unpaid amounts to your provided payment method and/or send you a bill for such unpaid fees.

Privacy Policy

 You may review our Privacy Policy here.

Promotions

 Any special promotion, intro offer, survey, online or instore event, loyalty program, or similar promotion (collectively “Promotions”) made available through the Site may be governed by the rules and terms of and conditions (“Promotion Terms”) that are separate from these Terms. If you participate in any Promotions offered through the Site, review the applicable terms of use or rules and our Privacy Policy. If the Promotion Terms conflict with these Terms, the Promotion Terms will overrule these Terms.

Links to Third Party Sites

 We may provide links to third-party websites or services that are not owned or operated by the Company. If you click or select a link to a third-party website, you will leave the Site. We assume no responsibility for the content, practices, services, or policies of any third-party website or services. You further acknowledge and agree that the Company is not responsible or liable, directly or indirectly, for any damage or loss incurred due to the use or reliance of any content, goods, or services available on or through such websites or services.

The inclusion of third-party links does not imply endorsement by the Company of the website or service. Access third-party websites and services at your own risk.

The Company reserves the right to modify, remove, or add links to third-party websites at any time and for any reason. We are not obligated to inform you of such changes.

Trademark and Copyright

All information and content provided through the site, such as trademarks, service marks, trade names, trade dress, text, graphics, logos, images and icons, as well as the arrangement thereof, software, application updates, and other material (collectively “Materials”) are the sole property of the Company or our licensors and is protected by copyright, trademark, patent, or other proprietary rights.

It is expressly prohibited for you to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any part of the Site, including the Materials in any manner. If you breach any of these Terms, the above license will terminate automatically. Any rights or licenses not expressly granted herein are reserved.

Disclaimer of Warranties

Your use of this website, including any associated services or mobile applications (collectively referred to as “the Site”), is at your own risk. The Company makes no guarantees regarding the error-free or uninterrupted access to the Site.

While the Company endeavors to maintain the accuracy of the materials on the Site, it may, from time to time, include inaccuracies or typographical errors. The Company does not warrant the accuracy or timeliness of the materials.

To the extent permitted by applicable law, the Company disclaims any liability for errors or omissions in the materials, whether provided by the Company, licensors, suppliers, or other users.

The Company, for itself and its licensors, to the extent permitted by applicable law, makes no express, implied, or statutory representations, warranties, or guarantees in connection with the Site, services, mobile applications, or any materials. This includes, but is not limited to, warranties of merchantability, title, fitness for a particular purpose or use, or non-infringement of third-party rights.

Unless explicitly stated otherwise, the Site, services, mobile applications, and materials are provided to you on an “as is,” “as available,” and “where-is” basis with no warranty whatsoever.

The Company does not provide any warranties against viruses, spyware, or malware that may be installed on your computer through your use of the Site.

To the extent permitted by applicable law, the Company makes no representations or warranties as to the quality or suitability of any products, services, or businesses that may be displayed on the Site, mobile applications, or through services.

You agree to take reasonable precautions in all communications and interactions with other users of the Site, mobile applications, or services, and with other persons or entities resulting from your use of the Site, particularly if you decide to meet or conduct business offline or in person.

The Company reserves the right to modify the terms of this disclaimer at any time without prior notice. Your continued use of the Site after modifications implies your acceptance of the updated terms.

Consumer Law

 Your use of the Site may be subject to the laws that grant you specific warranties, guarantees, and rights that cannot be excluded or restricted (“Non-excludable Guarantees”). These Non-excludable Guarantees may include, but are not limited to, guarantees related to the quality of goods or services and rights and remedies available to consumers.

Nothing in these Terms, including the disclaimers and limitation herein, will be interpreted or applied to exclude, restrict, or modify any Non-excludable Guarantees.

To the extent permitted by law, our liability for any break or failure to comply with the Non-excludable Guarantees is limited to the statutory remedies (if any) made available under the relevant laws.

In the event of a breach or failure to comply with Non-excludable Guarantees, you may be entitled to statutory remedies such as repair, replacement, refund, or compensation as prescribed by applicable laws.

It is your responsibility to be aware of your rights under applicable consumer protection law.

The provisions of this section concerning Consumer Rights and Non-excludable Guarantees are intended to complement and not supersede or replace any Non-excludable Guarantees provided by applicable consumer laws.

Disclaimer of Liability

 To the extent permitted by applicable law, the Company will not be liable to you for any damages resulting from your use of the mobile application or from your displaying, copying, or downloading any material to or from the Site.

To the maximum extent permitted by applicable law, in no event will the Company be liable to you for any indirect, extraordinary, exemplary, punitive, special, incidental, or consequential damages. This includes, but is not limited to the loss of data, revenue, profits, use, or any other economic advantage, however arising (whether in contract, tort, including negligence, or otherwise), even if the Company is aware of the possibility of such damage.

You are solely responsible for all your communications and interactions with other users of the Site, mobile applications, or services, as well as with other persons with whom you communicate or interact as a result of your use thereof.

You understand the Company does not attempt to verify the statements of the users of the site, mobile applications, or services. No representations or warranties are made regarding the conduct of users or their compatibility with any current or future users.

You agree to take reasonable precautions in all communications and interactions with any persons with whom you communicate or interact as a result of your use of the Site, the mobile applications, or services, particularly, if you meet offline or in person.

Dispute Resolution and Arbitration; Class Action Waiver

Introduction and Importance

Please carefully read this Dispute Resolution and Arbitration; Class Action Waiver provision (“Provision”). It significantly impacts your rights under California law, without limiting any rights available to you under any applicable Non-excludable Guarantees.

Binding Arbitration

All Disputes (as defined below) between you and the Company shall be resolved by binding arbitration, in accordance with California law. Arbitration replaces the right to go to court, subject to any exceptions outlined in this Provision.

Definitions

“Company” includes the Company, its parents, subsidiaries, affiliates, and related individuals.

“Dispute” means any disagreement between you and the Company arising from your relationship, based on contract, statute, regulation, ordinance, tort, or any other legal or equitable cause of action or claim for relief.

Agreement to Arbitrate

You and the Company agree that, except as provided below, all Disputes will be resolved exclusively and finally by binding arbitration in accordance with California law.

Pre-Arbitration Claim Resolution

For all Disputes, you must first give the Company an opportunity to resolve the Dispute. Initiate this process by mailing written notification to 26012 Marguerite Pkwy Ste. C., Mission Viejo, CA 92692, Attn.: Legal Department. The Company must resolve the Dispute within 45 days after receiving your written notification, or you may pursue your Dispute in arbitration.

Exclusions from Arbitration/Right to Opt Out

You or the Company may choose to pursue a Dispute in court and not by arbitration if the Dispute qualifies for small claims court or if YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE YOU FIRST CONSENT TO THESE TERMS.

Arbitration Procedures

The American Arbitration Association (AAA) or JAMS will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration only, and shall not be commenced as a class arbitration or a consolidated or representative action or arbitration, unless both you and the Company specifically agree in writing.

Arbitration Award

The arbitrator may award on an individual basis any relief that would be available pursuant to applicable California law.

Location of Arbitration

You or the Company may initiate arbitration in either Orange County, California, or the federal judicial district that includes your billing address, in accordance with California law.

Payment of Arbitration Fees and Costs

The Company will pay all arbitration filing fees and AAA or JAMS hearing fees and any arbitrator’s hearing fees, costs, and expenses upon your written request to the arbitrator given at or before the first evidentiary hearing in the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses.

Class Action Waiver

The arbitrator may not consolidate more than one person’s claims, and may not preside over any form of a class or representative proceeding or claims unless both you and the Company specifically agree to do so in writing following initiation of the arbitration.

Severability

If any clause within this Provision is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable, and the Dispute will be decided by a court in accordance with California law.

Continuation

This Provision shall survive the termination of your service with the Company or its affiliates. If the Company makes any change to this Provision (other than a change to the Notice Address), you may reject any such change and require the Company to adhere to the present language in this Provision if a dispute arises between you and the Company.

General 

We prefer to advise you if we believe you are not complying with these Terms and recommend any necessary corrective action. However, certain violations of these Terms, as determined by the Company, may result in immediate termination of your access to the Site and/or license to use the mobile application without prior notice to you. The Federal Arbitration Act, California state law, and applicable U.S. federal law, without regard to choice or conflicts of law provisions, will govern these Terms. The United Nations on Contracts for the International Sale of Goods and any laws based on the Uniform Computer Information Transactions Act (UCITA) shall not apply to these Terms. Except for Disputes subject to arbitration as described above, any disputes relating to these Terms, the Site, or the mobile applications will be heard in the courts located in Orange County in the State of California. If any term is found inconsistent with applicable California law, it shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. Our failure to enforce any of these Terms is not a waiver of such term. These Terms constitute the entire agreement between you and the Company, superseding all prior or contemporaneous oral or written negotiations, discussions, or agreements regarding the Site and the mobile applications. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability, and general provisions shall survive any termination of these Terms.

California Consumer Notice

 Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: This Site and the mobile applications are provided by Nosta Sauna Lounge, LLC, 26012 Marguerite Pkwy Ste. C., Mission Viejo, CA 92692.  If you have a question or complaint regarding the Site or the mobile applications, please contact Customer Service at contact@nostasauna.com.  You may also contact us by writing Nosta Sauna Lounge, LLC., 26012 Marguerite Pkwy Ste. C., Mission Viejo, CA 92692, Attn.: Legal Department. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Boulevard, Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.

Language

 The Company and you hereto have expressly required that these Terms and all documents and notices relating thereto be drafted in the English language. 

Our Contact

 If you have any questions about these Terms, you can contact us at Nosta Sauna Lounge, LLC, 26012 Marguerite Pkwy Ste. C., Mission Viejo, CA 9269 or email us at contact@nostasauna.com.