Terms of Use

[wpgdprTandC]

FitnessBuddies™ TERMS OF SERVICE

IMPORTANT NOTICE FOR RESIDENTS IN THE UNITED STATES AND CANADA ONLY: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED BELOW.

Last Updated: May 7th, 2022

CONTENTS

 

  • Scope of Agreement

  • Changes to this Agreement

  • Accessing the Services and Account Security

  • Prohibited Uses

  • Mobile Services

  • Termination & Survival

  • Third-Party Sites

  • Assignment

  • Fees

  • Non-Harassment Policy

  • Intellectual Property Rights

  • Feedback

  • Entire Agreement & No Waiver

  • Services Interruptions

  • Indemnification

  • Limitation of Liability

  • Severability and Waiver

  • Notifications

  • Interpretation

  • Contacting Us

    SCOPE OF AGREEMENT
    Please read these Terms of Service ( “Terms”) carefully before using https://www.fitnessbuddies.com or other websites (together, “the Site”) operated by FitnessBuddies (“us”, “we”, or “our”), our mobile applications (“Apps”), products, and services provided online via our website, and any other services that we provide that link to these Terms (the Site, Apps, and other services, collectively, the “Services”).

    This Terms of Service is an agreement between you and FitnessBuddies and sets forth the legally binding terms and conditions for your use of the Services. This Terms of Service hereby incorporates by reference our Privacy Policy, available at https://www.fitnessbuddies.com/privacy-policy/ (the Terms of Service and Privacy Policy, collectively, the “Agreement”).

    By, as applicable, accessing or using the Services in any manner, including, but not limited to, visiting or browsing the Site, downloading the App(s), or contributing content or other materials to the Site or on or via the App(s), you agree to be bound by the Terms of Service. You are only authorized to use the Services if you agree to abide by all applicable laws and to the Terms of Service. Please read the Terms of Service carefully and save it. If you do not agree with it, you should leave the Site or App and discontinue use of the Services immediately.

    CHANGES TO THIS AGREEMENT
    We reserve the right to modify the Terms at any time, in our sole discretion. If we modify material terms to these Terms, such modification will be effective after we send you notice of the amended agreement, if permitted under the applicable law. Such notice will be in our sole discretion, and the manner of the notification may include, for example, via email, posted notice on the Site or Apps, or other manner. Your failure to cease use of the Services after receiving notification of the modification will constitute your acceptance of the modified terms.

    If you do not agree to any of these Terms or any changes to these Terms, please do not use, access or continue to access the Services, or discontinue any use of the Services immediately.

    ACCESSING THE SERVICES AND ACCOUNT SECURITY
    To access the Services, you may be asked to provide certain details or other information. It is a condition of your use of the Services that all the information you provide to us is correct, current and complete. You agree that your failure to provide complete and accurate information may result in the termination of your access to the Services.

    By using this site, you represent that you are at least the age of majority in your jurisdiction of residence, or that you are the age of majority in your jurisdiction of residence and you have given us your consent to allow any of your minor dependents to use the Service. By using the Services, you represent that you are over 15 years of age, and, if between the ages of 15 and 18, your parent or guardian has consented to the Terms of Service and your use of the Services.

    From time to time, we may restrict access to some or all parts of the Services, including the Site, and App(s).

    In order to access some Services available on the Site and App(s), you will have to create an account. You may not use another person’s account. You agree that you are solely responsible for the activity that occurs on your account. You agree to keep your account password secure and confidential. You agree to notify us immediately of any breach of security or unauthorized use of your account.

    PROHIBITED USES
    You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services:

    For any unlawful purposes, or that could violate any applicable federal, state, local, or international law or regulation;
    To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm us or other persons using the Services or expose them to liability.
    Additionally, you agree not to:

    Use the Services for any commercial purpose;
    Use the Services in any manner that could disable, overburden, damage, or impair the Site or mobile app or any other party’s use of the Services;
    Use any robot, spider or other automated device, process, or means to access the Service for any purpose;
    Introduce any viruses, malware, worms, logic bombs, or other material which is malicious or technologically harmful;
    Use the Services to distribute unsolicited promotional or commercial content, or solicit other persons using the Services for commercial purposes;
    Otherwise attempt to interfere with the proper working of the Service.

    REFUND POLICY: Revision Pending.

    For questions or support with online purchases or returns, please contact help@fitnessbuddiess.com

    MOBILE SERVICES
    Some of the Services may be available via your mobile phone, including but not limited to (i) the ability to book and/or purchase via your mobile phone, (ii) the ability to receive and reply to FitnessBuddies.com messages, (iii) the ability to browse FitnessBuddies.com from your mobile phone and (in) the ability to access certain FitnessBuddies.com features through a mobile application you have downloaded and installed on your mobile phone (collectively the “Mobile Services”). We do not charge for the Mobile Services. However, your carrier’s normal messaging, data and other rates and tees will still apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, it any, may be applicable to your use of such Mobile Services.

    TERMINATION & SURVIVAL
    We may terminate your access to the Services at any time, in our sole discretion, without cause or notice. You may terminate your account or any membership that you have purchased, at any time, for any reason, by following the instructions on the “My Account” page or by contacting your local studio directly via phone or email. We may terminate your account or membership at any time, without warning, if you breach the Terms of Service. If we terminate your account or membership because you have breached the Terms of Service, you will not be entitled to a refund of any fees or for any unused portion of any FitnessBuddies.com membership packages.

    The following provisions will survive termination of this Agreement: (1) Termination; Survival; (2) Assignment; (3) Intellectual Property Rights; (4) Legal Disputes and Arbitration Agreement for Users in the United States and Canada; (5) Governing Law; (6) Indemnity; (7) Limitation of Liability.

    THIRD-PARTY SITES
    Our Services may contain links to third-party sites that are not owned or controlled by us. We have no control over, assume no responsibility for, and do not endorse or verify the content, privacy policies, or practices of any third-party sites or services. We make no warranties or representations about the accuracy, completeness, or timeliness of any content posted on the Services by anyone other than us. We strongly advise you to read all third-party terms and conditions and privacy policies.

    ASSIGNMENT
    You may not assign or transfer this Agreement (or any of your rights or obligations under this Agreement) without prior written consent. Any attempted assignment or transfer without complying with the foregoing will be void. When permitted under the applicable law, we may freely assign or transfer this Agreement. This Agreement inures to the benefit of and is binding upon the parties and their respective legal representatives, successors, and assigns.

    FEES
    You acknowledge that FitnessBuddies.com charges fees for its services, and subject to the applicable law, FitnessBuddies.com reserves the right to change its fees from time to time at its discretion.

    NON-HARASSMENT POLICY
    FitnessBuddies.com disapproves of any unwelcomed, inappropriate and/or offensive conduct by its personnel or its members. If you believe you have been subject to unwelcomed, inappropriate, and/or offensive conduct by any member of FitnessBuddies.com personnel we encourage you to clearly and promptly tell the person engaging in the conduct that is unwelcomed and offensive (if you are comfortable doing so). We also ask that you promptly notify a member of Client Experience Team at concierge@fitnessbuddies.com.

    When making a report or complaint, we strongly recommend that you provide as much specific information as possible in writing, including the following regarding each alleged incident: date, time, what was said or done, and any other relevant surrounding facts/circumstances.

    FitnessBuddies.com will strive to appropriately investigate any reported incidents and seek to provide due process for all parties. FitnessBuddies.com responsive actions, however, cannot be known in advance since they will vary depending upon the nature of the allegations. FitnessBuddies.com strives to maintain confidentiality throughout the investigative process to the extent practicable. However, our duty to investigate and take corrective action as appropriate may require the disclosure of certain information, and therefore confidentiality cannot be guaranteed.

    Any disputes or complaints not resolved via this complaint process will be subject to the Arbitration procedures below for users in the United States and Canada.

    INTELLECTUAL PROPERTY RIGHTS
    The content on the Site and mobile apps, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to FitnessBuddies.com, subject to copyright and other intellectual property rights under the law. Content on the website is provided to you as is for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We reserve all rights not expressly granted in and to the website and the Content. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the website or services, provided by you to Company are non-confidential and shall become the sole property of FitnessBuddies.com.

    You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein. You agree not to circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the website or the Content therein.

    “FitnessBuddies.com” and the “stripes” icon and other graphics, logos, wordmarks, and designs are trademarks of FitnessBuddies.com in the U.S. and/or other countries for which applications are pending. FitnessBuddies.com trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of FitnessBuddies.com.

    FEEDBACK
    You may submit comments, suggestions or ideas about our Services, including ways in which you would improve or change the Services (the “Feedback”). You agree that your Feedback is provided to us on a NON-CONFIDENTIAL BASIS, is voluntary, gratuitous, unsolicited and without restriction, and FitnessBuddies.com does not have any fiduciary duty or other duty as a result of receiving your Feedback. You hereby grant FitnessBuddies.com the unlimited, perpetual right to use, copy, modify, publish, redistribute, create derivative works from such Feedback or otherwise disseminate your Feedback for any purpose and in any way without compensation or any obligation to you or any other third parties. FitnessBuddies.com does not waive any rights to use similar or related feedback or ideas known to FitnessBuddies.com, developed by FitnessBuddies.com employees, or obtained from other sources.

    ENTIRE AGREEMENT & NO WAIVER
    The Terms of Service, together with our Privacy Policy (collectively, the “Agreement”), and any other legal notices published on the Services, shall constitute the entire agreement between you and us concerning the Services, and supersedes all prior terms, agreements, discussions and writings regarding the Services. If any provision of the Terms of Service is found to be unenforceable, then that provision shall not affect the validity of the remaining provisions of the Terms of Service, which shall remain in full force and effect.

    No waiver of any term of the Terms of Service shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under the Terms of Service shall not constitute a waiver of such right or provision.

    SERVICES INTERRUPTIONS
    Our Services may be suspended temporarily or permanently without notice to you for security purposes, maintenance or repair, system failures, or other similar circumstances (collectively, “Service Interruptions”). You acknowledge and agree that you are not entitled to a refund or rebate related to such Service Interruptions.

    Class Action and Class Arbitration Waiver. You and FitnessBuddies.com each further agree that any arbitration shall be conducted in our respective individual capacities only and not as a class, collective, or representative (“Class”) action, and you and FitnessBuddies.com each expressly waive our respective right to file a Class action or seek relief on a Class basis. If any court or arbitrator determines that the Class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a Class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and you and FitnessBuddies.com shall be deemed to have not agreed to arbitrate disputes.

    Exception – Small Claims Court Claims. Notwithstanding your and FitnessBuddies.com agreement to resolve all disputes through arbitration, either you or FitnessBuddies.com may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

    Exception – California Private Attorneys General Act (PAGA) Action. Notwithstanding your and FitnessBuddies.com agreement to resolve all disputes through arbitration, either you or we may seek relief in a court of law for a claim arising under California’s Private Attorneys General Act.

    30 Day Right to Opt-Out. You have the right to opt-out and not be bound by the arbitration and Class action waiver provisions set forth above by sending written notice of your decision to opt-out by emailing us at help@fitnessbuddies.com and providing the following information: (i) your name, (ii) your FitnessBuddies.com account email address; (iii) your mailing address; (iv) a statement of your wish not to resolve disputes with FitnessBuddies.com through arbitration. The notice must be sent within thirty (30) days of your agreement to the Terms of Use, otherwise you shall be bound to arbitrate disputes in accordance with the terms of this Section. If you opt-out of these arbitration provisions, FitnessBuddies.com also will not be bound by them.

    Exclusive Venue for Litigation. To the extent that the arbitration provisions set forth above do not apply or if you have opted out of arbitration, you and FitnessBuddies.com expressly consent agree that any litigation between you and us shall be filed exclusively in state or federal courts located in and governed by the laws of the U.S. State in which the dispute arose (except for small claims court actions which may be brought in the county where you reside).  In the event of litigation, you and FitnessBuddies.com agree to waive, to the maximum extent permitted by law, any right to a jury trial, except where a jury trial waiver is not permissible under applicable law.

    INDEMNIFICATION
    You agree to release, indemnify, and defend FitnessBuddies.com, LLC and any subsidiaries, affiliates, related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each (the “FitnessBuddies.com”) from all third-party claims and costs (including reasonable attorneys’ fees) arising out of or related to: (1) your use of the Services; (2) your conduct or interactions with other users of the Services; (3) your breach of this Agreement. We will notify you promptly of any such claim and will provide you (at your expense) with reasonable assistance in defending the claim. You will allow us to participate in the defense and will not settle any such claim without our prior written consent. We reserve the right, at our own expense, to assume the exclusive defense of any matter otherwise subject to indemnification by you. In that event, you will have no further obligation to defend us in that matter.

    LIMITATION OF LIABILITY
    PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE FITNESSBUDDIES.COM ENTITIES TO YOU.

    By agreeing to this Agreement, enrolling online, and/or attending classes, and/or by usage of provided exercise, weight loss, bodybuilding course materials, and other provided programs of FitnessBuddies.com (“FitnessBuddies”), online, you hereby acknowledge and agree on behalf of yourself, your heirs, personal representatives and/or assigns (collectively, “you” and/or “yourself”), that (a) there are certain inherent risks and dangers in the strenuous nature of the FitnessBuddies.com exercise, and workout course offerings, and programs; (b) you have voluntarily chosen to participate in an intense physical exercise program; (c) you understand that FitnessBuddies.com strongly recommends that you consult with a licensed physician prior to commencing use of any of the FitnessBuddies.com exercise, and workout course offerings, and programs; (d) you have been fully informed of the strenuous nature of these exercise courses, and programs and the possibility of adverse physiological occurrences including, but not limited to: abnormal blood pressure, fainting, heart attack or death; and (e) you assume all risk for your health and well-being, and fully release and hold harmless for any responsibility, cost or damages the of the FitnessBuddies.com exercise, and workout course offerings, and programs Entities, its instructors, members and employees for any injury, harm or loss you may suffer, including death, as a result of participation in any of the FitnessBuddies.com exercise, and workout course offerings, and programs activities.
    If you are enrolling a minor (an individual who is not the age of majority in their jurisdiction of residence), the above release applies equally to said minor. No one under 18 years of age may participate.

    WE ARE PROVIDING THE SERVICES, INCLUDING THE SITE AND MOBILE APPS, ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, FITNESSBUDDIES.COM ENTITIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, TITLE, ACCURACY, COMPLETENESS, UNINTERRUPTED OR ERROR-FREE SERVICE, FITNESS FOR A PARTICULAR PURPOSE, QUITE ENJOYMENT, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USAGE.
    WE MAKE NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIM ALL LIABILITY FOR: (1) PRODUCTS, SERVICES, INFORMATION, PROGRAMMING, AND/OR ANYTHING ELSE PROVIDED BY A THIRD PARTY THAT IS ACCESSIBLE TO YOU THROUGH THE SERVICES; OR (2) THE QUALITY OR CONDUCT OF ANY THIRD PARTY YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE SERVICES.
    YOU AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, FITNESSBUDDIES.COM ENTITIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, FITNESSBUDDIES.COM ENTITIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF DATA (EVEN IF FORESEEABLE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE SERVICES.
    YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO CEASE USE OF THE SERVICES.
    WITHOUT LIMITING THE FOREGOING, FITNESSBUDDIES.COM ENTITIES’ MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICES IS LIMITED TO THE AMOUNT PAID TO US IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.
    SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSIONS OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. AS A RESULT, THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.

    SEVERABILITY AND WAIVER
    A failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any of the remaining provisions.

    NOTIFICATIONS
    We may provide notifications to you as required or permitted by law via email to the primary email address associated with your account, mobile notification, hard copy or posting of such notice on our Services. FitnessBuddies.com is not responsible for any automatic filtering that you or your network provider may apply to such notifications.

    INTERPRETATION
    In construing or interpreting the Terms of Service, headings are for convenience only, and not to be considered.

    CONTACTING US
    If you have any questions about the Terms of Service in relation to the Services, the Site, or App(s), please contact us at: help@fitnessbuddies.com.