Terms of Service
PLEASE READ THIS LEGAL DOCUMENT CAREFULLY. Red-Tailed Partners, doing business and hosting as "domestiq" (also referenced here as "we" or "us") provides an online community and related products, services, content and features through domestiq websites (the "domestiq Site(s)") and through mobile, desktop, or device applications (including iOS and Android applications ("Apps")) and domestiq-controlled social media pages (including on Facebook, Instagram, Spotify and Twitter). To make these Terms easier to read, the domestiq Sites and Apps, along with domestiq-controlled social media pages are collectively called the "domestiq Service" or "the Services". By registering as a member or by visiting, browsing, or using the domestiq Service in any way, you (as a "user") accept and agree to be bound by these Terms of Service ("Terms"), which forms a binding agreement between you and domestiq.
If you do not wish to be bound by these Terms, you may not access or use the domestiq Service. Certain elements of the domestiq Service may be subject to additional terms and conditions specified from time to time; your use of those elements of the domestiq Service is subject to those additional terms and conditions, which are incorporated into these Terms by this reference.
- domestiq Eligibility Requirements
Membership Holder Age Requirement. You must be at least 18 years old, or the age of legal majority in your jurisdiction of residence, to purchase a domestiq membership subscription and become a Membership Holder (as defined in our Sales Policy).
We may, in our sole discretion, refuse to offer the domestiq Service to any person or entity and change the eligibility criteria at any time. You are solely responsible for ensuring that these Terms are in compliance with all laws, rules and regulations applicable to you, and the right to access and use the domestiq Service is revoked where these Terms or use of the domestiq Service is prohibited or conflicts with any applicable law, rule or regulation. Further, the domestiq Service is offered only for your personal, non-commercial use, and not for the use or benefit of any third party.
- License to Use the domestiq Service
License. Subject to your compliance with these Terms and solely for so long as you are permitted by us to access and use the domestiq Service, domestiq grants you a limited, non-transferable, non-exclusive, revocable right and license to access and use the domestiq Service for your own personal, non-commercial purposes, a right which may not be assigned or sublicensed to anyone. This license includes the right to view Content (defined below) available on the domestiq Service and the right to download one copy of the application to any device for your exclusive personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. This license grant is subject to you agreeing to and abiding by the domestiq Intellectual Property and DMCA Policy, which forms a part of these Terms. This license will remain in effect unless and until you violate these Terms or this license is terminated by you or domestiq.
Restrictions. Except as expressly permitted in writing by an authorized representative of domestiq, you will not reproduce, redistribute, sell, transfer, create derivative works from, decompile, reverse engineer, or disassemble the domestiq Service, nor will you take any measures to interfere with or damage the domestiq Service. Unless otherwise specified, copying or modifying any Content or using Content for any purpose other than your personal, non-commercial use of the domestiq Service, including use of any such Content on any other website or networked computer environment, is strictly prohibited. All rights not expressly granted by domestiq in these Terms are reserved.
What information we may collect about you;
What we use that information for; and
With whom we share that information.
Membership Requirements Registration
To enjoy full access to the domestiq Service, you must register as a member of the domestiq Service and enter into a subscription agreement for access to our Service (a "Membership") governed by our Sales Policy. You must provide complete and accurate registration information to domestiq and notify us if any of your information changes.
Profile Information. You may not use someone else's name, or any name, location, or other public profile information that violates any third party rights, is against the law, or that is offensive, obscene or otherwise objectionable (in domestiq's sole discretion).
Account Security. You are responsible for all activity that occurs under your account, including any activity by unauthorized users. If you become aware of an unauthorized access to your account, change your password and notify us immediately.
- Membership Structure and Fees
domestiq will provide information on its then-current requirements on the domestiq Site and/or by other means through the domestiq Service. Features and prices are subject to change.
- Termination; Account Deletion
Term. These Terms begin on the date you first use the domestiq Service and continue as long as you have an account with us and/or continue to use the domestiq Service.
Termination. domestiq may, in domestiq's sole discretion, suspend, disable, or delete your account (or any part thereof) or block or remove any User Content (defined below) that you submitted, for any lawful reason, including if domestiq determines that you have violated these Terms or that your conduct or User Content would tend to damage domestiq's reputation or goodwill. domestiq may block your access to the domestiq Service to prevent re-registration.
Effect of Termination / Account Deletion. Upon termination of these Terms all licenses granted by domestiq will terminate. The following sections survive termination: Privacy (Section 3), User Content (Section 7), Indemnification (Section 11), No Warranties (Section 13), Limitation of Liability (Section 14), Intellectual Property (Section 15), Contracting Entities, Governing Law and Jurisdiction (Section 17), and all general provisions. In the event of account deletion for any reason, User Content may no longer be available and domestiq is not responsible for the deletion or loss of such User Content. For clarity, if you cancel your Membership or it is terminated for any reason, you will lose access to all Content or features provided through the domestiq Service. domestiq, in its sole discretion, may make available a very limited amount of Content or features to non-subscribers from time to time, and any use of that Content is governed by these Terms.
- User Content
"Content" means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the domestiq Service; and (ii) "User Content" means any content that users (including you) provide to be made available through the domestiq Service. Content includes, without limitation, User Content.
Any User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content submitted by or on behalf of you is accurate, complete, up-to-date, and in compliance with these Terms and with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the domestiq Service is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. To the full extent permitted by law, we make no representations, warranties or guarantees with respect to any Content that you access on or through the domestiq Service.
As between you and domestiq, you represent that you own (or have all rights necessary to grant domestiq the rights below to) all User Content that you submit to the domestiq Service, and that domestiq will not need to obtain licenses from any third party or pay royalties to any third party in order to use such User Content. You grant domestiq a worldwide, perpetual, irrevocable, non-exclusive, sublicensable (through multiple tiers), transferable royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or later created), edit, modify, and make derivative works from your User Content (including, without limitation, translations) for any purpose whatsoever, commercial or otherwise, without compensation to you. In addition, you waive any so-called "moral rights" or rights of privacy or publicity in your User Content. You further grant all users of the domestiq Service permission to view your User Content for their personal, non-commercial purposes. If you make suggestions to domestiq or through the domestiq Service about improving or adding new features or products to the domestiq Service or you otherwise provide feedback, product or service reviews or testimonials, you hereby grant to domestiq a worldwide, perpetual, irrevocable, non-exclusive, sublicensable (through multiple tiers), transferable royalty-free license and right to use, copy, modify, create derivative works based upon and otherwise exploit your suggestions, feedback, reviews and testimonials for any purpose (including for marketing), without any notice, compensation or other obligation to you.
You can remove your User Content by specifically deleting it. However, in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the domestiq Service. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
- Rights and Terms for Apps
Rights in App Granted. Subject to your compliance with these Terms, domestiq grants to you a limited non-exclusive, non-transferable, revocable license, with no right to sublicense, to download and install a copy of the App on any mobile device or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes or to support your exclusive personal use on multiple devices. Except as expressly permitted in these Terms, you may not:
- copy, modify or create derivative works based on the App;
- distribute, transfer, sublicense, lease, lend or rent the App to any third party;
- reverse engineer, decompile or disassemble the App; or
- make the functionality of the App available to multiple users through any means.
domestiq reserves all rights in and to the App not expressly granted to you under these Terms.
Accessing App from an App Store. The following terms apply to any App accessed through or downloaded from any app store or distribution platform (like the Apple App Store or Google Play) where the App may now or in the future be made available (each an " App Provider"). You acknowledge and agree that:
These Terms are between you and domestiq, and not with the App Provider, and domestiq (not the App Provider), is solely responsible for the App.
The App Provider has no obligation to furnish any maintenance and support services with respect to the App.
In the event of any failure of the App to conform to any applicable warranty, you may notify the App Provider, and the App Provider will refund the purchase price for the App to you (if applicable) and, to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of domestiq.
The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to:
- product liability claims;
- any claim that the App fails to conform to any applicable legal or regulatory requirement; and
- claims arising under consumer protection or similar legislation.
In the event of any third party claim that the App or your possession and use of that App infringes that third party's intellectual property rights, domestiq will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
The App Provider and its affiliates are third-party beneficiaries of these Terms as related to your license to the App, and that, upon your acceptance of the Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third-party beneficiary thereof.
You represent and warrant that
- you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country;
- you are not listed on any U.S. Government list of prohibited or restricted parties;
- you are not an individual, or associated with an entity, designated under the UK's Terrorist Asset-Freezing etc. Act 2010 (TAFA 2010); and
- you are not otherwise subject to or affected in any way by any national security or terrorism related rules whether applicable to you personally or to your location or other circumstances.
You must also comply with all applicable third party terms of service when using the App.
- General Prohibitions and domestiq's Enforcement Rights
You agree not to do any of the following:
- Post, upload, publish, submit or transmit any User Content or engage in any activity that:
- infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
- violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
- is fraudulent, false, misleading or deceptive;
- is defamatory, obscene, pornographic, vulgar or offensive;
- promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
- is violent or threatening or promotes violence or actions that are threatening to any person, animal, or entity;
- exploits minors or;
- promotes illegal or harmful activities or substances.
- Use, display, mirror or frame the domestiq Service or any individual element within the domestiq Service, domestiq's name, any domestiq trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without domestiq's express written consent;
- Access, tamper with, or use non-public areas of the domestiq Service, domestiq's computer systems, or the technical delivery systems of domestiq's providers;
- Attempt to probe, scan or test the vulnerability of any domestiq system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by domestiq or any of domestiq's providers or any other third party (including another user) to protect the domestiq Service or Content;
- Bypass any territorial restrictions, including IP address-based restrictions, that may be applied to the domestiq Service;
- Attempt to access, scrape or search the domestiq Service or Content or download Content from the domestiq Service, including through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools, plugins, add-ons or the like), other than the software and/or search agents provided by domestiq or other generally available third-party web browsers;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- Use any meta tags or other hidden text or metadata utilizing a domestiq trademark, logo URL or product name without domestiq's express written consent;
- Use the domestiq Service or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms or permitted expressly in writing by domestiq;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the domestiq Service or Content to send altered, deceptive or false source-identifying information;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the domestiq Service or Content;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the domestiq Service;
- Collect or store any personally identifiable information from the domestiq Service from other users of the domestiq Service without their express permission;
- Copy, use, index, disclose or distribute any information or data obtained from the domestiq Service, whether directly or through third parties (such as search engines), without domestiq's express written consent;
- Alter, replicate, store, distribute or create derivatives from the Content available via the domestiq Service except as expressly permitted in writing by domestiq;
- Impersonate or misrepresent your affiliation with any person or entity;
- Access, use or exploit the domestiq Service in any manner (other than as expressly permitted by these Terms), including to build, develop (or commission the development of), replicate, or consult upon any product or service that may compete (directly or indirectly) with domestiq or the domestiq Service;
- Violate any applicable law or regulation; or
- Encourage or enable any other individual to do any of the foregoing.
You also agree to abide by the domestiq Community Guidelines and Moderation Policy.
Although we're not obligated to monitor access to or use of the domestiq Service or Content or to review or edit any User Content, we have the right to do so for the purpose of operating the domestiq Service, to ensure compliance with these Terms, to comply with applicable law or other legal requirements and to maintain the integrity and reputation of the domestiq Service and domestiq's systems. We reserve the right, but are not obligated, to remove or disable access to any User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any User Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the domestiq Service. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
- Member Interactions, Dealings with Third Parties
When interacting with other domestiq members, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other people you don't know. Your participation, correspondence or personal or business dealings with any third party found on or through the domestiq Service, whether regarding payment or delivery of specific goods and services, donations or fundraisers, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that domestiq is not responsible or liable for any loss, damage, injury, or other matters of any sort incurred as the result of such dealings.
You agree to indemnify, defend, and hold harmless domestiq and its directors, officers, employees, and agents, from and against all claims, damages, losses and costs that arise from or relate to
- your activities on the domestiq Service,
- any User Content submitted by or on behalf of you or
- your violation of these Terms.
- Third Party Links and Content
There may be links on the domestiq Service that let you leave the particular domestiq Service you are accessing in order to access a linked site that is operated by a third party. domestiq neither controls nor endorses these sites, nor has domestiq reviewed or approved the content that appears on them. domestiq is not responsible for the legality, accuracy or inappropriate nature of any content, advertising, products or other materials on or available from any such third party sites. You acknowledge and agree that domestiq is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the access or use of any of the links, content, goods or services available on or through these third party sites.
- No Warranties
domestiq reserves the right to modify the domestiq Service, including, but not limited to updating, adding to, enhancing, modifying, removing or altering any Content or features of the domestiq Service, at any time, in its sole discretion. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the domestiq Service. domestiq has no obligation to screen or monitor any Content and does not guarantee that any Content available on the domestiq Service is suitable for all users or that it will continue to be available for any length of time.
domestiq provides the domestiq Service on an "AS IS" and "AS AVAILABLE" basis. You therefore use the domestiq Service at your own risk. Other than as expressly provided in writing by domestiq in connection with your purchase of a domestiq product, to the extent permitted by law, domestiq expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, quiet enjoyment and any other warranty that might arise under any law. Without limiting the foregoing, domestiq makes no representations or warranties:
- That the domestiq Service is or will be permitted in your jurisdiction;
- That the domestiq Service will be uninterrupted or error-free;
- Concerning any Content, including User Content;
- Concerning any third party's use of User Content that you submit;
- That the domestiq Service will meet your personal or professional needs;
- That domestiq will continue to support any particular feature of the domestiq Service; or
- Concerning sites and resources outside of the domestiq Service, even if linked to from the domestiq Service.
To the extent that another party may have access to or view Content on your device, you are solely responsible for informing such party of all disclaimers and warnings in these Terms. TO THE EXTENT ANY DISCLAIMER OR LIMITATION OF LIABILITY DOES NOT APPLY, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL APPLICABLE EXPRESS, IMPLIED, AND STATUTORY WARRANTIES WILL BE LIMITED IN DURATION TO A PERIOD OF 30 DAYS AFTER THE DATE ON WHICH YOU FIRST USED THE PELOTON SERVICE, AND NO WARRANTIES SHALL APPLY AFTER SUCH PERIOD.
- Limitation of Liability
To the fullest extent permitted by law:
- domestiq shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, economic or pure economic losses, goodwill, use, data, service interruption, computer damage, system failure, inability to use the domestiq Service or Content or other intangible losses, even if a limited remedy set forth herein is found to have failed its essential purpose; and
- domestiq's total liability to you for all claims, in the aggregate, will not exceed the amount actually paid by you to domestiq over the 12 months preceding the date your first claim(s) arose.
If you live in a jurisdiction that does not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation does not apply to you. To the extent that one or any aspect of domestiq's limitations set out above does not apply, all remaining aspects survive. The exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between domestiq and you.
- Intellectual Property Acknowledgment
You acknowledge and agree that your use of the domestiq Services and any Content contained therein is dependent upon you agreeing to and abiding by the domestiq Intellectual Property and DMCA Policy at all times. You further acknowledge that the domestiq Service contains software and other content that is protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All domestiq-generated content, and content provided to domestiq by its partners and licensors, is copyrighted individually and/or as a collective work under the U.S. copyright laws and all applicable international copyright (or equivalent) laws in all jurisdictions and protected under other intellectual property laws worldwide; further, as between you and domestiq, domestiq own intellectual property rights in the selection, coordination, arrangement and enhancement of all content in the domestiq Service.
- Intellectual Property Usage and Reporting Infringement
domestiq respects the intellectual property of others, and we ask our users to do the same. Each user is responsible for ensuring that their User Content does not infringe any third party's right or other intellectual property rights. If you believe that the domestiq Service or any Content contains elements that infringe or misappropriate your copyrights or other intellectual property rights (or the intellectual property rights of others), please go to the domestiq Intellectual Property and DMCA Policy for directions on how to report it to us.
- Contracting Entities, Governing Law and Jurisdiction
These Terms shall be governed by the laws of the State of California, United States of America, without regard to principles of conflicts of law. If your contract for the domestiq Service is with another domestiq entity, these terms shall be governed by the laws of the jurisdiction under which that domestiq entity is organized, without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply.
Subject to the any agreements above,
- if your contract for the domestiq Service is with Red-Tailed Partners, doing business and hosting as "domestiq" exclusive jurisdiction for all Disputes will be the state and federal courts located in San Jose, California, United States of America, and you consent to the jurisdiction of those courts, and
- if your contract for the domestiq Service is with another domestiq entity, exclusive jurisdiction for all Disputes will be the courts located in the jurisdiction under which that domestiq entity is organized, and you consent to the jurisdiction of those courts.
- Interpretation; Severability; Waiver; Remedies
Headings are for convenience only and shall not be used to construe these Terms. If any term of these Terms is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from these Terms. No failure or delay by domestiq in exercising any right hereunder will waive any further exercise of that right. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of domestiq. domestiq's rights and remedies hereunder are cumulative and not exclusive.
- Successors; Assignment; No Third Party Beneficiaries
These Terms are binding upon and will inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign or transfer these Terms without domestiq's prior written consent. domestiq may assign its rights, obligations and/or these Terms at any time in its sole discretion without notice to you.
You consent to receive all communications including notices, agreements, disclosures, or other information from domestiq electronically. domestiq may communicate by email or by posting to the domestiq Service. For support-related inquiries, you may email Support. For all other notices to domestiq, write to the following address:
12580 La Cresta Drive
Los Altos Hills, California 94022
Nothing in these Terms or otherwise limits domestiq's right to object to subpoenas, claims, or other demands.
We may update these Terms at any time, in our sole discretion. If we do so, we'll let you know by, at a minimum, posting the updated Terms (as indicated by a revised "Last Updated" date at the bottom of this page) on the domestiq Site and/or through the domestiq Service. Modifications will be effective on the date that they are posted to the domestiq Site. It's important that you review the Terms whenever we update them before you use the domestiq Service. If you continue to use the domestiq Service after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you don't agree to be bound by the updated Terms, then you may not use the domestiq Service anymore. Because the domestiq Service is evolving over time we may change or discontinue all or any part of the domestiq Service, at any time and without notice, at our sole discretion.
- Entire Agreement
These Terms incorporate the following legal documents by reference, as well as any other policies or procedures referenced herein that are posted to the domestiq Site from time to time:
In the event of a conflict between any policies posted on the domestiq Service and these Terms, these Terms will control. These Terms represent the entire understanding between domestiq and you regarding the domestiq Service or Content and supersede all prior agreements and understandings regarding the same. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
- Force Majeure
Neither Party shall be liable for any failure or delay in performance under these terms (other than for delay in the payment of money due and payable in accordance with these terms) for causes beyond the party's reasonable control and not caused by that party's fault, or negligence, including, but not limited to, "acts of God", acts of government, flood, fire, civil unrest, acts of terror, strikes or other labor problems, computer attacks or malicious acts, such as attacks on or through the internet, any internet service provider, telecommunications or hosting facility, but in each case, only if and to the extent that the non-performing Party is without fault in causing such failure or delay, and the failure or delay could not have been prevented by reasonable precautions and measures and cannot reasonably be circumvented by the non-conforming Party through the use of alternate sources, workaround plans, disaster recovery, business continuity measures or other means. Dates by which performance obligations are scheduled to be met will be extended for a period of time equal to the time lost due to any delay so caused.
These Terms of Service were last updated on December 10th, 2022.