Hotseat (“Hotseat,” “we,” “us”) provides online and mobile services, including, but not limited to the Hotseat website (“gethotseatapp.com” or the “Site”) and mobile applications hosted by or on behalf of context communication consulting, LLC (“context”) that are designed to make it easy to take short activity breaks throughout the day.
Requirements for Use of Hotseat
Full use of Hotseat requires a supported smartphone or tablet and Internet access (fees may apply) and may require periodic updates. Performance may be affected by any of these factors. You acknowledge that the terms of agreement with your respective mobile network provider (‘Mobile Provider’) will continue to apply when using Hotseat. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing Hotseat. You accept responsibility for any such charges or any other charges relating to the use of Hotseat that may arise. If you are not the bill payer for the smartphone being used to access Hotseat, you will be assumed to have received permission from the bill payer for using Hotseat.
Hotseat is Not a Health Care Provider
context provides Hotseat for informational purposes only. The Hotseat application and service doesn’t contain or constitute nor should it be interpreted as medical advice or opinion. Nor does Hotseat replace the very important relationship between you and your health care providers. We aren’t a licensed medical provider and we have no expertise in diagnosing, examining or treating medical conditions. You should consult your primary care provider or other health care provider if you have questions regarding the use of Hotseat.
Not all exercises or activities offered by Hotseat are suitable for everyone. We recommend your reviewing available activities with your primary care provider or other health care provider before using Hotseat if you have any concerns. By using Hotseat, you represent that you have received consent from your physician to participate in the activities Hotseat offers. By using Hotseat you also agree that you do so at your own risk and are voluntarily participating in these activities. In no event will context or your employer be liable for any harm or injury, including those associated with exercise or medical condition.
You should understand that when participating in any exercise or exercise program, there is the possibility of physical injury and/or death. If you think you may have a medical emergency, call your physician or 911 immediately. If you feel discomfort or pain, immediately stop the activity causing such discomfort or pain and consult with a qualified medical provider.
Information on Hotseat
We try to provide helpful and accurate information on Hotseat, but we make no endorsement, representation or warranty of any kind about any information, services or recommendations made available through Hotseat. We are not responsible for the accuracy, reliability, effectiveness, or correct use of information you receive through Hotseat. If you rely on any information provided by Hotseat or others appearing on or contributing content to Hotseat, you do so solely at your own risk.
Your Privacy Settings
Through Hotseat, we enable you, if you wish, to share information with others, as this is an important motivator to achieve fitness goals. You can use the privacy settings within Hotseat to control which information about you is shared with others.
You hereby grant to context a perpetual, irrevocable, non-exclusive, worldwide, royalty-free license, with the right to sublicense, to reproduce, distribute, transmit, publicly perform, publicly display, digitally perform, modify, create derivative works of, and otherwise use and commercially exploit any text, photographs or other data and information you submit to Hotseat or which is collected by Hotseat (collectively, “User Generated Content”) in any media now existing or hereafter developed, including without limitation on websites, in audio format, and in any print media format. You hereby waive any rights of publicity and privacy with respect to the User Generated Content and any other legal or moral rights that might preclude context’s use of the User Generated Content or require your permission for context to use the User Generated Content. You agree not to assert any claim, whether based on tort, contract, or other legal theory, against context or its sublicensees, if any, or your employer relating to context’s or its sublicensees’ use of the User Generated Content in accordance with your privacy settings, and you hereby release context, its sublicensees and your employer from any such claims. You represent that your User Generated Content: (1) will not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights; (2) will not violate any law, statute, ordinance or regulation; (3) will not be obscene or contain child pornography; (4) will not contain any viruses, worms, time bombs or other computer programming code that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; (5) will not violate any third party’s rights of publicity or privacy; and (6) will not be defamatory, threatening or harassing, harmful to minors in any way, or otherwise offensive or inappropriate. You are responsible for complying with all laws applicable to your User Generated Content.
As with other sites, you are responsible for creating and maintaining a secure password. You are responsible for all uses of your login information, whether or not authorized by you, and you agree to notify Hotseat if there’s any unauthorized use of your account.
context cannot and does not assume any responsibility or liability for any information submitted by someone who has fraudulently accessed your Hotseat account or for any third party’s fraudulent use or misuse of information submitted by you.
You represent that the information that you provide about yourself as requested in the Hotseat account registration form (the “Registration Data”) is accurate and complete, and you agree to update your account information, as necessary, including providing context with your current email address, so that you may receive notifications and other account-related communications.
Hotseat’s content and design is owned by context or its licensors. You have no right to this content except as a user or if you receive written consent from us. You acknowledge that Hotseat and any underlying technology used in connection with Hotseat is context’s intellectual property and proprietary information. You may not reproduce, distribute, reverse engineer, modify or create derivative works of, publicly display (including by framing any content), or commercially exploit any part thereof.
To converse with others and to receive communications from us, you’ll need to share your email address. As a member of our shared community, you agree not to “spam” or otherwise share unwanted solicitations or any material that could be considered harassing, threatening, offensive, offensive, invasive of another’s privacy, or illegal. Your account may be terminated in the event of any of these actions. We are not responsible for the content of email messages sent to you by our users.
Changes to Hotseat
context may change or discontinue, temporarily or permanently, any feature or component of Hotseat at any time without further notice. You agree that neither context nor your employer shall be liable to you or to any third party for any modification, suspension or discontinuance of any feature or component of Hotseat.
Content and Warranty Disclaimer
Hotseat is provided by context “as is.” Neither context nor its licensors or your employer make any representations or warranties of any kind, express or implied, as to the operation of Hotseat, its contents, or any information made available by or through Hotseat. In addition, context, its licensors and your employer disclaim all warranties with respect to Hotseat, express or implied, including but not limited to the implied warranties of merchantability, title, fitness for a particular purpose and non-infringement. Furthermore, context, its licensor and your employer do not warrant that use of Hotseat will be uninterrupted, available at any time or from any particular location, secure or error-free, that defects will be corrected, or that Hotseat is free of viruses or other potentially harmful components.
Limitation of Liability
In no event will your employer or context and its members, officers, directors, employees and agents be liable for direct, indirect, incidental, punitive or consequential damages (including without limitation those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of Hotseat, whether such damages are based on warranty, contract, tort or any other legal theory and whether or not your employer or context and its members, officers, directors, employees and agents have been advised of the possibility of such damages. The aggregate liability of your employer or context and its members, officers, directors, employees and agents, arising from or relating to Hotseat (regardless of the form of action or claim, e.g., contract, warranty, tort, strict liability, negligence, or any other legal theory) is limited to $100. context’s partners, affiliates, service providers, licensors, and your employer have no liability whatsoever arising from your use of Hotseat. In some locations applicable law may not allow certain of the limitations described above, in which case such limitations may not apply to you.
context communication consulting, llc
March X, 2013