Terms and Conditions
These terms of use (“Terms”) set forth the legally binding terms and conditions for your use of the ON AIR LLC (hereinafter, “ON AIR,” “we,” “our,” or “us”) website, https://www.we-onair.com (the “Site”) and the other services, features, content and applications offered by us on the Site. The Site and any other services, features, content and applications offered by us may each be referred to herein as a “Service” and collectively as the “Services”.
PLEASE READ THESE TERMS CAREFULLY IF YOU WISH TO USE OUR SERVICES. BY USING OUR SERVICES, YOU CONSENT TO BE BOUND BY THESE TERMS, WHICH INCLUDE IMPORTANT LIMITATIONS ON YOUR RIGHTS TO SUE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, PLEASE DO NOT USE OUR SERVICES.
1. Privacy
Please see our privacy policies, located here (the “Privacy Notice”), for information and disclosures relating to the collection and use of your Personal Information, as defined therein, and any other data in connection with your use of the Services. The Privacy Notice is incorporated by reference into these Terms.
2. Use of Site
No charge is made for the general use of the Site unless you choose to purchase services or goods. If you wish to make a purchase, you must click on the designated link on the services or goods page, fill in any required information and follow the instructions. Your use of the Services is subject to your acceptance of the Privacy Notice.
We reserve the right to change, modify, add, or delete portions of these Terms at any time, in our sole discretion. Any changes will be posted to these Terms on this webpage. We encourage you to check these Terms regularly. We will also indicate at the bottom of this document the dates of any revisions to these Terms.
Your continued use of the Services one business day after the posting of new Terms constitutes your acceptance of the new Terms. If you do not agree to abide by these or any future Terms, do not use or access (or continue to use or access) our Services.
3. Membership
You may cancel your ON AIR Membership at any time for any reason. To cancel your recurring subscription, please visit your membership settings at by logging into your membership account at https://we-onair.com/. Following a cancellation, you will lose access to all content at the end of your billing cycle. If you choose to sign back up as a member, your billing date will update to the day you paid.
4. No Refunds
Payments are non-refundable and cannot be exchanged and there are no credits for partially used periods. Payments are not transferable.
5. Cancellations
We reserve the right to cancel or change any booked Service at any time, for any reason. We reserve the right at any time to modify or discontinue, temporarily or permanently, the Service with or without notice.
6. Security
You agree to notify us immediately of any unauthorized use of our Services through your account(s). You agree to be solely responsible for any losses incurred by us or another party due to someone else using your account(s).
You agree to provide true, accurate, current and complete information about you as may be prompted by any forms submitted to us. We will not be responsible for any loss or damage that may result if you fail to comply with this requirement.
By subscribing to, or accessing, the Services, you are representing to us that you are authorized to use the credit card or other form of payment you submit (if any). We use third parties to facilitate payment transactions and you should review such third party terms and conditions before entering into any transaction. We are not liable or responsible for such third party transactions.
If any part of our Services requires a login or password, then such login and password are for your personal use only. You may not reveal your login or password to anyone else or permit anyone to use your login or password to access the particular Service. You are responsible for maintaining the confidentiality and security of your login and password and accept responsibility for all activities that occur under your account or password. You must notify us immediately if the security of your login or password has been breached.
7. Public Forums and Your Submissions
The Services may provide chat rooms, forums, message boards, blog feeds, news groups and/or other interactive tools to its users including links to third party websites, applications or third party “plug-ins”. You are solely responsible for the information, data, opinions, descriptions, photos, profiles, messages, “shouts”, comments, reviews, text, location information and all other content that you upload, publish, modify, or display on or through our Services or transmit to or share with us and other users (collectively, the “User Content”).
By uploading, publishing, modifying or displaying User Content to any part of our Services, you automatically grant, and you represent and warrant that you have the right to grant, to us an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), transmit, and distribute such User Content for any purpose on or in connection with the Services.
You represent and warrant that your User Content will not contain any material that: (a) is false, inaccurate, or misleading; (b) infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights, or rights of publicity or privacy; (c) violates any law or regulation; (d) is defamatory, constitutes trade libel or product disparagement, or is unlawfully threatening, harassing, or contains hate speech; (e) is obscene or contains pornography; or (f) contains any computer programming routines such as viruses, Trojan horses, time bombs, or other malicious code or programs that may damage or interfere with the operation of any system, or unlawfully intercept any data or personal information.
You understand and agree that we do not verify or vouch for any such content and if we determine, in our sole discretion, that any User Content is inaccurate, was posted or uploaded without authorization, or otherwise does or may violate these Terms or applicable laws, we reserve the right, at any time, without prior notice and without limiting any and all other rights we may have, at law or in equity, to: (a) modify, refuse, or remove the User Content; (b) revoke the applicable user’s right to use any or all of our Services; and/or (c) use any technological, legal, operational, or other means available to us to enforce the provisions of these Terms, including, without limitation, blocking specific Internet Protocol (IP) addresses or deactivating the applicable user’s registration. Please note, if we delete any information provided by you, it is deleted in a manner similar to emptying a recycle bin on a computer and you acknowledge that any removed information or content may persist in backup copies or may be imbedded in the Service as aggregate data.
8. Rules of Conduct
Your use of our Services is subject to all applicable local, state, national and international laws and regulations, and you agree not to violate such laws and regulations. In addition, you agree that: (a) you will not interfere with another member’s use of our Services; (b) you will not interfere with or disrupt the security measures of our Services; (c) you will not interfere with or disrupt networks connected to our Services, and will comply with all regulations, policies and procedures of such networks; and (d) you will comply with United States law regarding the transmission of technical data exported from the United States.
You further agree that you will not use our Services to: (a) send or result in the transmission of “spam” (junk e-mail) or unsolicited messages; (b) promote or generate revenue for any business or commercial purposes, unless authorized in writing by us; (c) impersonate any person or entity, intentionally or unintentionally, or create a false identity on our Services; (d) collect or store personal data about other users; (e) make publicly available on our Services, or otherwise transmit, any private information of any third party; or (f) make publicly available or otherwise transmit any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable.
9. Copyright
We respect the intellectual property of others, and we ask you to do the same. It is important (and a condition of these Terms) that you only send us data and information or post content that you own and/or control, and not content owned and/or controlled by others. You are fully responsible for your User Content. In other words, if you send us content you do not own or otherwise do not have the right to submit, you are responsible for any liability or obligation. It is our policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. We reserve the right to terminate any user’s account without notice if that user is determined to be a “repeat infringer” of others’ intellectual property.
10. Proprietary Rights
All content on our Services, including, but not limited to, visual interface, interactive features, computer codes, products, software, aggregate user review ratings, designs, text, graphics, images, photographs, illustrations, audio and video material, artwork, information, database, proprietary information and all copyrightable or otherwise legally protectable elements of the Services, and their selection and arrangement (“Site Content”), is our proprietary property, our users or its licensors with all rights reserved. Subject to the limited license granted to you hereunder, you may not modify, copy, distribute, frame, reproduce, republish, download, display, post, transmit, create derivative works from, or broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any materials contained within the Services (except for your User Content) without our express prior written consent.
11. Limited License
You are granted a limited license to access our Services and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you do not alter, delete or conceal any copyright, trademark or other notices contained on the Services, including notices on any content you download, transmit, print or reproduce from the Services, nor shall you distribute such Site Content. Except for your User Content, you may not and will not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to these Terms and does not include use of any data mining, robots or similar data gathering or extraction methods. Any use of the Services or the Site Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights. This limited license is revocable at any time without notice and with or without cause.
12. Third Party Websites and Content
Our Services may contain links to other web sites (“Third Party Sites”) as well as articles, photographs, text, graphics, pictures, designs, video, audio, information, mobile applications, “plug-ins”, offers and other content or items belonging to or originating from third parties (“Third Party Applications or Content”). Such Third Party Sites and Third Party Applications or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications or Content posted on, available through or installed from the Services, including, without limitation, the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications or Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third Party Sites or to use or install any Third Party Applications or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third Party Site to which you navigate from the Services or relating to any applications you use or install from the Third Party Site.
13. Termination
We have the right to take any of the following actions, in our sole discretion, at any time and for any reason without giving you any prior notice: (a) restrict, deactivate, suspend, or terminate your access to our Services, including deletion of your accounts and all related information and files in your account; (b) refuse, move, or remove for any reason any material that you submit on or through the Service; (c) refuse, move, or remove any material that is available on or through our Services; and/or (d) establish general practices and limits concerning use of our Services. We may take any of the above actions for any reason, as determined by us, in our sole discretion, including, but not limited to: (a) breaches or violations of these Terms, or other incorporated agreements or guidelines; (b) requests by law enforcement or other government agencies; (c) a request by you; (d) discontinuance or material modification to the Services (or any part thereof); and (e) unexpected technical or security issues or problems. You agree that we will not be liable to you or any third party for taking any of these actions.
14. Indemnification
You hereby agree to indemnify, defend and hold ON AIR LLC, its affiliate and subsidiary companies, as well as their partners, sponsors, and all of their respective officers, directors, owners, employees, agents, attorneys, licensors, representatives, licensees, and suppliers (collectively, the “ON AIR Parties”), harmless from and against any and all liability, losses, expenses, damages, and costs (including reasonable attorneys’ fees), incurred by any of the ON AIR Parties in connection with any claim arising out of your use of the Services, any use or alleged use of your accounts or your passwords, the content you submit, upload, post, transmit or make available through the Services, your violation or breach of any these Terms, your connection to the Services, or your violation of the rights of any other person or entity.
15. Warranty Disclaimers
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY THE LAW, THE ON AIR PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE USE OF THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, THE ON AIR PARTIES MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT ON THE SERVICES OR THE CONTENT OF ANY WEBSITES LINKED TO THE SERVICES AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES IN CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THEIR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/ OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. THE ON AIR PARTIES DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, MOBILE APP, ON AIR TV, OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THE ON AIR PARTIES WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU ASSUME ALL RISK AS TO THE QUALITY, FUNCTION, AND PERFORMANCE OF THE SITE, AND TO ALL TRANSACTIONS YOU UNDERTAKE THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION SUBMISSION OF ANY USER CONTENT.
16. Limitation of Liability
IN NO EVENT WILL WE, THE ON AIR PARTIES OR ANY OTHER PARTY WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, DISTRIBUTION, PROMOTION, OR MARKETING OF THE SERVICES BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, RELIANCE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA OR PROFITS, OR FOR THE INABILITY TO USE THE SERVICES, EVEN IF WE OR SUCH OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT, SHALL OUR AGGREGATE LIABILITY TO YOU AND ANY OTHER PARTY, WHETHER DIRECT OR INDIRECT, EXCEED ONE HUNDRED DOLLARS ($100.00) FOR ANY AND ALL CLAIMS, DAMAGES, AND ANY OTHER THEORIES OF LIABILITY, TO THE FULLEST EXTENT PERMITTED BY LAW.
NOTWITHSTANDING ANY PROVISIONS IN SECTIONS 12 OR SECTION 13 OF THESE TERMS, ON AIR DOES NOT DISCLAIM ANY OBLIGATIONS OR LIABILITY UNDER ANY APPLICABLE STATUTES OR WAIVE ANY LIABILITY FOR GROSS NEGLIGENCE, RECKLESSNESS OR INTENTIONAL MISCONDUCT.
17. Waiver of Liability for Injury or Harm
The content of our Site or social media accounts (individually and collectively, the “Accounts”), including, but not limited to, any and all suggestions, opinions, recommendations, workouts, practices, routines and tips, is intended solely for instructional purposes. Such information is not intended to be, nor should it be used as, a substitute for professional medical advice, diagnosis, treatment or therapy. No person is entitled to rely or should rely on any such information without the approval of his or her qualified physician. You should not engage in any physical activity described in one of our streaming videos or on the Site or Accounts without first consulting with a qualified physician to determine if you can safely perform physical activity without adverse consequences. Particular caution should be used if you have a pre-existing medical condition, are pregnant or trying to become pregnant, or are breast-feeding.
Any exercise program may result in bodily injury, disability, and in rare circumstances, death. Always warm up before engaging in any physical activity, and stop immediately if you feel any pain or discomfort. The Site and Accounts contain various physical practices, including many yoga and fitness modalities, some of which are strenuous and are intended for advanced practitioners. Accordingly, not all exercises are intended for every level.
By viewing a video or engaging in physical activity via the Site or the Accounts, you fully and irrevocably assume any and all risks of any kind resulting from performing any exercise or participation on the Site or taking any action, or failing to take any action, in connection with the content embodied on the Site or Accounts.
None of the creators, authors, or publishers of the videos on the Site or Accounts, or any entity or person associated with any such person, including, but not limited to ON AIR (collectively, the “Released Parties”), assumes or shall be deemed to have assumed any responsibility or liability for any injuries, losses, costs, claims or damages of any kind, including as a result of negligence of any kind ( collectively and individually, a “Loss”), that may occur as a result of using the Site or relying on any information contained on the Site. The Released Parties expressly disclaim any and all liability for any such Loss and, by viewing or using the Site or Accounts, you shall be deemed to have expressly agreed that none of the Released Parties shall have any responsibility whatsoever for any Loss.
The information provided on the Site or Accounts is provided without any warranty of any kind, express or implied, including any warranty of merchantability or fitness for a particular purpose.
18. Eligibility
Our Services are operated primarily from the United States. We do not represent or warrant that our Services are appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access the Services, you do so on your own initiative and at your own risk, and are responsible for complying with all local laws, rules and regulations. Due to the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
19. General
These Terms, including the policies referred to in these Terms, constitute the entire agreement between you and us and govern your use of our Services, superseding any prior agreements. As noted above, you also may be subject to additional terms and conditions that may apply when you subscribe to the Services or use or purchase certain other services, affiliate services, sponsored services, third party content or third party software.
We may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on or through the Site or delivering them to you through e-mail. You may update your e-mail address by visiting the Site where you have provided contact information. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you. You have the right to request that we provide such notices to you in paper format, and may do so by contacting us at community@we-onair.com. If you are a California resident, you may have this same information e-mailed to you by sending an e-mail to the foregoing e-mail address with your e-mail address and a request for this information.
You agree that these Terms and our rights hereunder may be assigned, in whole or in part, by us or our affiliate to any third party, in our sole discretion, including an assignment in connection with a merger, acquisition, reorganization or sale of substantially all of our assets, or otherwise, in whole or in part. You may not assign, sublicense, or delegate your rights hereunder.
The formation, construction and interpretation of these Terms shall be controlled by the laws of the State of New Jersey, United States, giving no effect to choice of law provisions. Any dispute relating to these Terms shall be subject to the exclusive jurisdiction of the state and federal courts in Ocean County in the State of New Jersey, United States, and the parties agree to submit to the personal and exclusive jurisdiction of these courts.
The failure by us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services, or these Terms, must be filed within one (1) year after such claim or cause of action arose or be forever barred.
20. Contact Information
If you have any questions about these Terms, please contact us via e-mail at community@we-onair.com.
21. Social Media
Our social media accounts (individually and collectively, the “Accounts”) with various third-party platforms, including, but not limited to, Instagram, Twitter, Vimeo, and Spotify (individually and collectively, the “Platforms”), are intended for promotional purposes only. By interacting with or on our Accounts, you agree to comply with the below guidelines as well as any and all relevant terms and/or rules for any and all applicable Platforms.
We welcome your thoughts and comments on the posts, photos and other items that we place on our Accounts, but in most cases we won’t be able to reply to customer service issues through the Accounts. If you have a customer service issue, please contact us by e-mail at community@we-onair.com. We will do our best to respond within forty-eight (48) hours after receipt of your inquiry.
Visitors to our Accounts may post views and opinions in reaction to our materials. Any content, views, opinions and/or responses to questions uploaded, expressed or submitted by the creators, sponsors, advertisers or users of the Platforms, including on webpages, message boards and groups or otherwise communicated through it, other than the content provided by us, are solely the views, opinions and responsibility of the person submitting them and do not necessarily reflect the opinions of ON AIR. ON AIR is not responsible for content that third-parties publish, post, upload, distribute, disseminate or otherwise transmit via the Platforms.
ON AIR does not warrant the accuracy, completeness or usefulness of the information available on our Accounts. Any reliance you place on such information is strictly at your own risk. We may include links to other webpages, but these links are not an endorsement of those webpages. We are not responsible for the content of any website that is not operated directly by ON AIR.
All opinions and comments should contribute to the dialog. We do not condone any form of harassment, written attacks, insults, vulgarity or indecency whether perpetrated in writing or the transmission of images. You agree not to do any of the following: (1) upload to or transmit using our Accounts any defamatory, indecent, obscene, harassing, violent or otherwise objectionable material, or any material that is, or may be, protected by copyright, without permission from the copyright owner; (2) use our Accounts to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction; (3) misrepresent an affiliation with any person or organization; (4) upload to or transmit on our Accounts any advertisements or solicitations of business; (5) upload or otherwise transmit files that contain a virus or corrupted data; (6) collect information about others (including e-mail addresses) without their consent; (7) upload files or photos or include in a comment links that you know, or have reason to believe, cannot be distributed legally using our Accounts or that you have an obligation to keep confidential; and (8) engage in any other conduct that restricts or inhibits anyone's use or enjoyment of our Accounts, or which, as determined by us, may harm ON AIR or visitors to our Accounts or expose them to liability.
We reserve the right, but do not assume any responsibility, to edit or delete any material we deem inappropriate for our Accounts and our visitors or terminate any user's ability to access our Accounts. However, we can neither review all material that is posted on the channel nor ensure prompt removal of objectionable material. Accordingly, ON AIR assumes no liability for any action or inaction regarding transmissions, communications or content provided by third parties. ON AIR has no liability or responsibility to anyone for performance or non-performance of the activities described in this paragraph.
Your failure to comply with these guidelines may result in the termination of your access to our Accounts.
UNDER NO CIRCUMSTANCES WILL ON AIR, OR ANY OF ITS SUBSIDIARIES OR AFFILIATES, THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE RESPONSIBLE OR LIABLE IN ANY WAY FOR ANY CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN THE CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF ANY CONTENT COMMUNICATED ON OUR ACCOUNTS, WHETHER BY ON AIR OR A THIRD PARTY. IN NO EVENT SHALL ON AIR BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS ARISING OUT OF OR IN CONNECTION WITH THE AVAILABILITY, USE OR PERFORMANCE OF ANY INFORMATION COMMUNICATED ON OUR ACCOUNTS.
USE OF OUR SERVICES CONSTITUTES ACCEPTANCE OF THESE TERMS AND OUR PRIVACY POLICY.