To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Daily Harvest, and our respective past, present and future employees, officers, directors, contractors, consultants, equityholders, suppliers, vendors, service providers, parent
companies, subsidiaries, affiliates, agents, representatives,
predecessors, successors and assigns (individually and collectively, the «Daily Harvest Parties»), from and against all actual or alleged Daily Harvest Party or third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys» fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, «Claims»), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Sites, Content or Products, (b) any User Content you create, post, share or store on or
through the Sites or our pages or feeds on third party social media platforms, (c) any Feedback you provide, (d) your violation of these Terms, (e) your violation of the rights of another, and (f) any third party's use or misuse of the Sites or Products provided to you.
Prior to the consummation of the Formation Transactions described below, our business was operated
through our
predecessor limited liability
company, SoulCycle Holdings, LLC, or SCH, the only members of which were Equinox Holdings, Inc., or EHI, our founders, Elizabeth P. Cutler and Julie J. Rice and trusts for the benefit of their respective families, and a special purpose vehicle formed to hold equity ownership in SCH on behalf of certain SCH employees.
In addition to Claims brought by either you or the Bank, Claims made by or against the Bank or by or against anyone connected with you or the Bank or claiming
through you or the Bank (including a second cardholder, employee, agent, representative, affiliated
company,
predecessor or successor, heir, assignee, or trustee in bankruptcy) shall be subject to arbitration as described herein.