Terms and Conditions
2. Age Restrictions
3. FITSTOP 24's Services Are Not Medical Advice
NEITHER FITSTOP 24 NOR THE SERVICES PROVIDE MEDICAL ADVICE. THE CONTENT OF THE SERVICES, SUCH AS TEXT, GRAPHICS, IMAGES, INFORMATION AND SERVICES OBTAINED FROM USERS OF THE SERVICES, LICENSORS, AND OTHER MATERIAL CONTAINED ON THE SERVICES ARE FOR INFORMATIONAL PURPOSES ONLY. THE CONTENT IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTION YOU MAY HAVE REGARDING A MEDICAL CONDITION.
Prior to participating in any program, workout, training, course, activity, exercise, or use of any Product, Service, program, workout, or exercise discussed on or offered as part of the service, or if You have any questions regarding a medical condition, seek the advice of Your healthcare provider. By using the Services, You agree, represent, and warrant that You have received consent from Your physician to participate in wellness and fitness programs, workouts, exercises or any of the related activities made available to You in connection with the Services.
4. Physical Activity Disclaimer and Assumption of Risk
Everyone's condition and abilities are different, and participating in the activities promoted by Our Services and the trainers is at Your own risk. If You choose to participate in these activities, You do so of Your own free will and accord, knowingly and voluntarily assuming all risks associated with such activities. Activities promoted by the services may pose risks even to those who are in good health.
You understand and agree that We will not carry out and are not responsible for any physical inspection, supervision, preparation, execution or conduct of any activities related to or accessed or discovered using the Services. You expressly agree that use of the Services carry certain inherent and significant risks of property damage, bodily injury, or death and that You voluntarily assume all known and unknown risks associated with these activities, even if caused in whole or part by the action, inaction, or negligence of skimble or by the action, inaction, or negligence of trainers or others.
IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY. NEVER DISREGARD, AVOID OR DELAY IN OBTAINING MEDICAL ADVICE FROM YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER BECAUSE OF SOMETHING YOU HAVE READ OR EXPERIENCED AS PART OF THE SERVICES. FITSTOP 24 DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC TESTS, PHYSICIAN, PRODUCTS, PROCEDURES, OPINIONS, OR OTHER INFORMATION THAT MAY BE MENTIONED BY TRAINERS OR ON THE SERVICES. RELIANCE ON ANY INFORMATION PROVIDED BY FITSTOP 24, ITS EMPLOYEES, PARTNERS, TRAINERS, OR OTHER USERS OF THE SERVICES IS SOLELY AT YOUR OWN RISK.
5. Our Services
Our Services offer Users a platform to access or create workouts, training programs, and exercise based content, and to help share and achieve their fitness goals through a uniquely connected, community experience. The Services allow, among other things, for Users to connect, communicate, and share content with one another through written and visual means.
Our Services also provide a platform to connect clients ("Clients") with independent contractor Trainers (the "Trainers", collectively with Clients referred to herein as the "Users"), where Trainers can connect with Clients to provide training and instruction ("Training Services"). The Training Services include, without limitation, direct interaction between Clients and Trainers, providing training instruction and supporting materials, and sharing information and feedback among Users.
Each Client is individually responsible for selecting a Trainer and choosing the Training Services. A Client's decision to choose a Trainer and to receive Training Services, and similarly a Trainer's decision to accept a Client and to provide the Training Services, is a decision that each User makes in its sole discretion. FITSTOP 24 is not responsible or liable for the performance of a User or any aspect of the interactions among Users related to the Services, or Training Services, including but not limited to the, suitability, reliability, timing, legality, failure to provide, acts or omissions, or any other aspect whatsoever of Users related to the Services, Training Services provided by Trainers, or the User Content.
FITSTOP 24 makes no representations or warranties whatsoever with respect to any aspect, including accreditation, registration or licensing, of any Trainer or the Training Services requested and provided by Users through the Services.
A Trainer and a User may use the Services to enter into a training relationship through which the Trainer will provide Training Services to the User ("Training Relationship"). Any Training Relationship entered into by Users is between the Users, and FITSTOP 24 is not a party to the Training Relationship. FITSTOP 24 assumes no responsibility for a User's compliance with or fulfillment of any Training Relationship with other Users, including early termination of a Training Relationship by a User, or duties to third parties, or compliance with applicable laws, rules and regulations. FITSTOP 24 does not endorse any Trainer, Client, Training Service, or User Content.
6. Restrictions on Your Use of the Services
· Transmit by any means any software, virus, malware, program, code, file, or other material intended to interrupt, disrupt, alter, destroy, or limit any part of the Services.
· Use any robot, spider, script, or any manual or automated application or means to extract, download, retrieve, index, mine, scrape, reproduce, or circumvent the presentation, operation, or intended use of any feature, function, or part of the Services.
· Frame or mirror any part of the Services.
· Submit or post any offensive, defamatory, threatening, indecent, hateful, racist, sexist, pornographic, or otherwise inappropriate or obscene content (as determined by Us in Our sole discretion).
· Copy, download, distribute, transmit, upload, or transfer content provided by the Services or the personal information of others without Our prior written permission or authorization.
· Resell, sub-license, or lease any of the content related to the Services.
· Use the Services to make unsolicited offers, requests, advertisements, spam, pyramid schemes, chain letters, or other forms of solicitation.
· Impersonate or pretend to be anyone else but You; falsely state or otherwise misrepresent Your affiliation with any person or entity in connection with the Services; or express or imply that We endorse any statement You make.
· Violate or infringe upon the privacy, publicity, intellectual property, or other proprietary rights of third parties, or any applicable laws or local rules related to the Internet, data, email, online conduct, and transmission of technical data.
· Engage in any activity that is criminal or tortious in nature, or otherwise violates the law or rights of Users or others including, without limitation, hacking, phishing, fraud, stalking, defaming, abusing, harassing, or threatening.
8. User Content
The Services may provide You with interactive opportunities including, without limitation, features such as contributing to Our exercise library, posting workouts and other exercise-related material, or commenting on Our public forum. You represent and warrant that You are the owner of and/or otherwise have the right to provide all information, including but not limited to biographical information, messages, notes, text, listings, videos, pictures, graphics, drawings, audio, music and sound, text, data, communications and/or other materials and/or content that You submit, post and/or otherwise transmit through the Services ("User Content"). By providing User Content, You grant Us and Our affiliates and Our service providers, and each of their and Our respective licensees, successors and assigns an irrevocable, transferable, paid up, royalty-free, perpetual, non-exclusive worldwide sub-licensable license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works from, distribute and/or otherwise use the User Content through Our Services and in all forms of media now known or hereafter invented, without notification to and/or approval by You. You further grant Us a license to use Your username and/or other user profile information to attribute User Content to You in connection with the foregoing uses, if We choose to do so, again without notification to and/or approval by You.
The User Content (including, without limitation, ratings and reviews) does not reflect the views of FITSTOP 24. You acknowledge and agree that FITSTOP 24 is not responsible for the accuracy or availability of User Content, and FITSTOP 24 neither endorses nor is responsible or liable for any User Content that appears through Our Services. Therefore, Your reliance on User Content is at Your own risk. FITSTOP 24 shall have the right (but not the obligation) to delete, remove, monitor, or edit, without prior notice, any User Content that We determine, in Our sole discretion, to be disingenuous in any way, and/or could otherwise diminish the integrity of the User Content and/or Our Services.
FITSTOP 24 does not verify the accuracy or authenticity of any User Content, and makes no representations or warranties with respect to any User Content. FITSTOP 24 makes no representations concerning and is under no obligation to prevent, the downloading, distribution, linking to, or re-posting of Your User Content by third parties, including by or through search engines. You expressly waive any and all claims You may have against FITSTOP 24 and release FITSTOP 24 from any and all liability arising from or related to the User Content, including any exploitation of the User Content by a third party, whether or not authorized by FITSTOP 24.
10. Claims of Copyright Infringement
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If You believe in good faith that materials available through the Services infringe Your copyright, You (or Your agent) may send FITSTOP 24 a notice requesting that FITSTOP 24 remove the material or block access to it. If You believe that copyrighted materials have been copied in a way that constitutes copyright infringement, please send an e-mail or written notice to Our Designated Agent for notices of infringement and provide the following:
· A physical or electronic signature of the copyright owner or a person authorized to act on behalf of the copyright owner;
· Identification of the copyrighted work(s) that You claim has been infringed;
· A description of the material that You claim is infringing and the location of that material on the Website;
· Your address, telephone number and email address;
· A statement by You that You have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
· A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.
Send the completed notice to Our Designated Agent for claims of copyright infringement at: Gabriel Vanrenen, 601 Capp Street, San Francisco, CA 94110; email@example.com.
11. Registration and Account Information
You may view some aspects of Our Services without registering, but in order to access and use other aspects of Our Services, You may be required to register an account with Us. It is Your sole responsibility to provide and maintain accurate account information. You are also responsible for any activity that occurs on Your account, for maintaining the confidentiality of Your password, and for taking appropriate steps to protect such information. You may not use the account, username, or password of someone else at any time. You agree to notify Us immediately of any unauthorized use of Your account, user name, or password. We will not be liable for any loss that You incur as a result of someone else using Your password, either with or without Your knowledge. You may cancel Your account with Us at any time by e-mailing Us at firstname.lastname@example.org.
12. Payment Terms
If You provide credit or debit card information to pay for the Paid Services, then You hereby represent and warrant that You are authorized to supply such information and hereby authorize FITSTOP 24 to charge Your debit or credit card on a regular basis to pay the fees as they become due. The terms of Your payment will be based on Your payment method and may be determined by agreements between You and the financial institution, credit card issuer or other provider of Your payment method. If We, through the third-party payment processor, do not receive payment from You, You agree to pay all amounts due on Your account upon demand. We may also block Your access to any Services pending resolution of any amounts due by You to Us.
Some of the Paid Services may consist of recurring period charges as agreed to by You. By choosing a recurring payment plan, You acknowledge that such services have an initial and recurring payment feature and You accept responsibility for all recurring charges prior to cancellation.
You agree that FITSTOP 24 shall not be liable for any issues regarding financial and monetary transactions between You and any other party. You are responsible for all transactions processed through Our Service. FITSTOP 24 is not liable for loss or damage from errant or invalid transactions processed through a third party payment processor. If You process a transaction, it is Your responsibility to verify that the transaction was successfully processed. You understand and agree to not hold FITSTOP 24 liable for any adverse affects that actions (whether intentional or unintentional) on the part of the third party payment processor may cause to any third party account or Your FITSTOP 24 account.
You agree to be responsible for and to pay any applicable sales, personal property, use, VAT, excise, withholding, or any other applicable taxes that may be imposed by federal, state, local, or foreign governmental entities, based on the Services or Training Services, or any software or other product provided under this Agreement, excluding any taxes based on net income payable by FITSTOP 24. If FITSTOP 24 has the legal obligation to pay or collect taxes for which You are responsible under this section, the appropriate amount shall be invoiced to and paid by You, unless You provide FITSTOP 24 with a valid tax exemption certificate authorized by the appropriate taxing authority.
13. Cancellation of Services and Refunds
You may cancel the Services at any time. Upon cancellation, Your subscription to the Services will stop at the end of the then-current billing cycle. Payments for the Services are non-refundable. Additionally, any of the Services purchased through Third Party Platforms or the iOS and Android applications will not be eligible for refunds. If You upgrade to FITSTOP 24's PRO+ feature through Our Website via Stripe, then You may receive a refund for unused time and may be downgraded immediately.
15. Warranty Disclaimer
THE SERVICES, USER CONTENT, TRAINING SERVICES, AND ANY OTHER MATERIALS MADE AVAILABLE ON OR THROUGH THE USE OF THE SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FITSTOP 24 AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON- INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. FITSTOP 24 AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES, THE SUBMISSIONS, THE SERVER(S) ON WHICH THE SERVICES ARE HOSTED, OR ANY SERVICES AVAILABLE ON ANY THIRD PARTY PLATFORM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO OPINION, ADVICE OR STATEMENT OF FITSTOP 24 OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE THROUGH THE USE OF THE SERVICES, OR ON THIRD PARTY PLATFORMS OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION ANY SERVICES PROVIDED ON ANY THIRD PARTY PLATFORM, ARE ENTIRELY AT YOUR OWN RISK. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to You insofar as they relate to implied warranties.
16. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ANY OF THE FITSTOP 24 PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS OR USE OF THE SERVICES OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM FITSTOP 24 OR THE USER CONTENT, OR FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO FITSTOP 24'S RECORDS, PROGRAMS OR SYSTEMS), REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), STRICT PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE). THIS LIMITATION INCLUDES, BUT IS NOT LIMITED TO, PERSONAL INJURY, INCLUDING DEATH AND DISABILITY AS WELL AS DAMAGES TO PERSONAL PROPERTY.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF FITSTOP 24 AND THE OTHER FITSTOP 24 PARTIES ARISING OUT OF OR IN ANY WAY RELATED TO USE OF THE SERVICES EXCEED (A) THE AMOUNT PAID BY YOU TO FITSTOP 24, IF ANY, OR (B) $100 (WHICHEVER IS LESS). THE FOREGOING LIMITATION SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE FITSTOP 24 AND THE FITSTOP 24 PARTIES' SOLE LIABILITY AND OBLIGATION IN RESPECT HEREOF, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), STRICT PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU, ON BEHALF OF YOUR HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL AND PERSONAL REPRESENTATIVES, HEREBY RELEASE, WAIVE, ACQUIT AND FOREVER DISCHARGE skimble AND THE OTHER FITSTOP 24 PARTIES FROM AND AGAINST, AND COVENANT NOT TO SUE ANY SUCH FITSTOP 24 PARTY FOR, ALL CLAIMS YOU HAVE OR MAY HAVE ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS OF SERVICE AND/OR YOUR USE OF THE SERVICES. IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE 1542, WHICH STATES "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you.
17. Third-Party Accounts and Platforms
If You decide to link a Third Party Account, or sync the Services with a Third Party Device, You authorize Us to access and use certain Third Party Account information, including but not limited to the public profiles on Your Third Party Account, information about friends or contacts You might share in common with other Users, or information collected by Third-Party Devices. You will have the ability to disable the connection between Your FITSTOP 24 and Your Third Party Accounts at any time. YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS.
18. Push Notifications
We may provide You with emails, text messages, push notifications, alerts and other messages related to the Services. After downloading a FITSTOP 24 iOS-based mobile application, You will be asked to accept or deny push notifications/alerts. If You deny, You will not receive any push notifications/alerts. If You accept, push notifications/alerts will be automatically sent to You. If You no longer wish to receive push notifications/alerts from the mobile application, You may also opt-out of receiving different types of push notifications or alerts by toggling off the "Notifications" options within the "Settings" menu of Our mobile applications. This feature is available in the most recent versions of Our iOS-based and Android-based applications and via Our website.
We may immediately, without prior notice, suspend or terminate Your use of and access to the Services, at Our sole discretion, for any reason, whether with or without cause or warning, and without liability to You for any Services associated with Your account. A User may terminate a Training Relationship that it is a party to or the Use of the Services at any time by ceasing Your use of the Services, or by deleting Your account.
By creating a FITSTOP 24 account, You consent to receive electronic communications from FITSTOP 24. These communications may include notices about Your account (e.g., payment authorizations, password changes and other transactional information) and are part of Your relationship with Us. We may also send You promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information We think will be of interest to You. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein or emailing Us at email@example.com.
You represent and warrant that any User Content You provide, submit or post through the Services will be non-confidential and FITSTOP 24 will not be liable for any use or disclosure, whether by FITSTOP 24 or any other Users, of Your User Content. You acknowledge and agree that Your relationship with FITSTOP 24 or Your Training Relationship with a User is not a confidential relationship.
22. Geographic Restrictions
FITSTOP 24 is based in London, UK. We make no claims that the Services or any of its associated content is appropriate outside of the UK. Access to the Services may not be legal by certain persons or in certain countries. If You access Our Services from outside the UK, You do so on Your own initiative and are responsible for compliance with local laws.
24. Governing Laws; Statute of Limitations
25. Dispute Resolution: Arbitration, Class Action Waiver, and Jurisdiction
Please read this section carefully. It is part of Your contract with FITSTOP 24 and affects Your rights.
Before any party may seek arbitration, the party must first send a written "Notice of Dispute" to the other party describing the nature and basis of the claim or dispute, and the requested relief. Any notice to FITSTOP 24 should be sent to 601 Capp Street, San Francisco, CA 94110. After the Notice of Dispute is received, You and FITSTOP 24 may attempt to resolve the claim or dispute informally. If You and FITSTOP 24 are unable to resolve the dispute within thirty (30) days after receipt of the Notice, either party may begin an arbitration proceeding.
If either party brings a claim in court that should be arbitrated or either party refuses to arbitrate a claim that should be arbitrated, the other party may ask a court to force the parties to "compel" arbitration to resolve the dispute. Either party can also ask a court to stop a court proceeding while an arbitration proceeding is ongoing.
If You have any questions about these Terms of Service You can contact Us at firstname.lastname@example.org.