Terms & Policies
Table of Contents
Rules of User Conduct
Disclaimers, No Representations or Warranties
Limitation of Liability & Indemnification
Website Content, Ownership & Copyright Notice
Sharing Content and Information
fitDEGREE Safety & Account Registration/ Security
Protecting Other People's Rights
Links to Third Party Resources
Choice of Law/ Governing Law & Abritration Clause
How to Contact Us
Last updated: September 10, 2018
A Terms of Service (“ToS” or “Terms”) is a statement of rules and a contract between the provider and users which a user must agree to abide by in order to use a service. This ToS was created and prepared by fitDEGREE, LLC, a Delaware limited liability company (“fitDEGREE”, the “Company”, “us”, “we”, or “our”). Please read this ToS carefully before using, visiting www.fitdegree.com, visiting or using our mobile website and any other web-based platforms (collectively, the “Websites”), or downloading and using the fitDEGREE Mobile Application (the “fitDEGREE App”) (collectively, the Websites, fitDEGREE App and any and all services provided by fitDEGREE can be referred to as the “Services” or the “fitDEGREE Services”).
By using or accessing the Services, you agree to this ToS, as updated from time to time by fitDEGREE. If fitDEGREE makes changes to the ToS, we will notify you of the change as described below under “Additional Terms”. If we make changes to policies, guidelines or other terms referenced in or incorporated by this Statement, we may provide notice on the Websites and fitDEGREE App. Your continued use of the Services, following notice of the changes to our terms, policies or guidelines, constitutes your acceptance of our amended terms, policies or guidelines.
fitDEGREE provides certain services and collects a variety of information about the users. As such, fitDEGREE may ask you to review and accept separate terms and conditions that apply to your use and interaction with the fitDEGREE Services. To the extent those supplemental terms and conditions conflict with this ToS, the supplemental terms and conditions govern with respect to your use of such fitDEGREE Services, to the extent they conflict.
If you violate the letter or spirit of this ToS, or otherwise create a risk or possible legal exposure to fitDEGREE, or for any other reason that fitDEGREE, in its sole discretion deems necessary, fitDEGREE can stop providing all or part of the Services to you. fitDEGREE will notify you by the email you provided in your registration for the Services or at the next time you attempt to access your account of any termination of Services.
Your access to and use of the Services is conditioned upon your acceptance of and compliance with these Terms, and any terms, policies, or guidelines referenced herein upon creating a user profile. These Terms apply to all visitors, users and others who access or use the Services. By accessing or using the Services, you agree to be bound by these Terms.
IF YOU DISAGREE WITH ANY PART OF THESE TERMS, YOU MUST EXIT THIS WEBSITE IMMEDIATELY AND DISCONTINUE ANY USE OF THE INFORMATION AND THE SERVICES.
fitDEGREE hereby incorporates by reference any additional terms, conditions and privacy notices to this ToS as if set forth fully herein.
Welcome to fitDEGREE! We provide services via a variety of technologies, including the fitDEGREE Websites and the fitDEGREE App. The technologies that make up the Service may change from time to time.
fitDEGREE provides the service to health clubs, studios, gyms and similar facilities (each, a “Club”) pursuant to a written agreement between fitDEGREE and each Club (“Club Agreement”). Each person who uses the Service is referred to as a “user” or “you” or “your”. Each user obtains access to the Service from a Club pursuant to a Club Agreement. These Terms and the Privacy Notice apply to each user of each Club.
These ToS govern your access to and use of the Service. By accessing or using the Service you agree to be bound by these Terms as if these Terms were signed by you in ink on a hard-copy agreement.
You are invited to use and view the Services available on the fitDEGREE Websites and to use the fitDEGREE Mobile Application and/or any Services associated therewith. fitDEGREE has the ability to collect and store certain data provided by the users of the fitDEGREE App, Websites or any of the Services. The collection and storage of this data is subject to the terms enumerated in fitDEGREE’s Privacy Notice (see below), which is incorporated in this ToS as if set forth at length herein.
Should you encounter any bugs, glitches or other forms of troubleshooting related issues, please contact us by using the fitDEGREE App.
The remainder of this ToS is intended to act as a contract between fitDEGREE and all visitors, users and others who access or use the Services. The terms, restrictions, disclaimers, and other legal notifications will affect the way you use our Services.
Rules of User Conduct
As a condition to your right to access and use the Services, you agree to these Terms and to strictly observe the following rules of user conduct (“Rules of Conduct”):
Do comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements.
Do provide accurate information to us and update it as necessary.
Do review and comply with our Privacy Notice and the ToS.
Do review and comply with notices sent by us concerning the Service.
Don’t act dishonestly, inappropriately or unprofessionally by posting inappropriate, inaccurate, or objectionable information or other content (“Content”).
Don’t reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property contained or embedded in or used to provide the Service or the fitDEGREE Content, or any part thereof.
Don’t include information in the Service, except in designated fields, that reveals the identity or sensitive personal information of you or anyone else (i.e., information that identifies you as an individual, “Personal Information”), such as an address, that is confidential in nature.
Don’t use any information, data or Content you view or obtain from our Service to provide any services that are competitive with our Service.
Don’t imply or state, directly or indirectly, that you are affiliated with or endorsed by fitDEGREE, unless you have entered into a written agreement with fitDEGREE that expressly permits you to say that.
Don’t adapt, modify or create derivative works based on any part of the Service or the technology underlying the Service.
Don’t rent, lease, loan, trade, sell or re-sell access to the Service or any Content (other than Content you personally own) or any data on the Service.
Don’t use software, devices, scripts, robots or other means or processes to access, “scrape,” “crawl” or “spider” any part of the Service.
Don’t use bots or other automated methods to add or download Content, or send or redirect messages or other permitted activities other than through fitDEGREE-sanctioned tools.
Don’t access the Service for purposes of monitoring its availability, performance or functionality, or for any competitive purpose.
Don’t engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Service.
Don’t access the Service by any means other than through the interfaces provided by fitDEGREE.
Don’t override any security component included in or underlying the Service.
Don’t engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to, unsolicited communications to other users or fitDEGREE personnel, attempts to gain unauthorized access, or transmission or activation of computer viruses.
Don’t remove any copyright, trademark or other proprietary rights notices contained in or on the Service, including any of our notices or notices of our licensors, or any notices of any other users (for more information, see below under “Website Content, Ownership and Copyright Notice”).
Don’t collect, use or transfer any information, including any Personal Information, obtained from the Service, except as expressly permitted in the Terms or as the owner of the information may expressly permit in writing.
Don’t interfere with or disrupt the Service, including but not limited to any servers or networks connected to the Service.
Don’t infringe or use the Service’s or fitDEGREE’s brands, logos, trademarks or service marks, including, without limitation in any business name, email, or URL.
Don’t access, tamper with, or use non-public areas of the Service, fitDEGREE’s computer systems, or the technical delivery systems of fitDEGREE’s providers.
Don’t forge any Transmission Control Protocol/Internet Protocol (“TCP/IP”) packet header or any part of the header information in any email or posting, or in any way use the Service to send altered, deceptive or false source-identifying information.
Don’t upload, post, email, transmit or otherwise make available or initiate any communication, Content or data that:
- Falsely states, impersonates or otherwise misrepresents your identity, including but not limited to the use of a pseudonym, or misrepresents your affiliations with a person or entity, past or present.
- Is unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable.
- Adds to a data field any information that is not intended for such field (i.e., submitting a telephone number in the “title” or any field other than a field requesting a telephone number).
- Includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships, including without limitation any insider information, proprietary information or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements.
- Infringes or misappropriates any patents, trademarks, trade secrets, copyrights or other rights.
- Includes any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
- Contains software viruses, worms, or any other computer code, files or programs that interrupt, destroy, erase or limit the functionality of any computer software or hardware or telecommunications equipment. Forges headers or otherwise manipulates identifiers in order to disguise the origin of any communication.
Services are Not Intended for Children
You must be at least 16 years old to use the Service. By using the Services, you warrant that you have the right, authority and capacity to enter into these Terms as a binding agreement.
Disclaimers, No Representations or Warranties
SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. DO NOT RELY ON THE SERVICE, OR ANY CONTENT OR INFORMATION ON OR IN THE SERVICE. WE PROVIDE THE SERVICE AND ALL INFORMATION, INCLUDING THE CONTENT, ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY ANYTHING RELATED TO THE SERVICE, YOU MAY STOP USING THE SERVICES AS FURTHER STATED IN THE TERMINATION PROVISION BELOW. TERMINATION IS YOUR SOLE AND EXCLUSIVE REMEDY. WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. WE DO NOT GUARANTEE THAT THE SERVICE WILL FUNCTION WITHOUT INTERRUPTION OR WITHOUT ERRORS. IN PARTICULAR, THE OPERATION OF THE SERVICE, INCLUDING THE FITDEGREE WEBSITE OR APPLICATION, MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. WE DISCLAIM ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS. FURTHERMORE, WE DISCLAIM ALL LIABILITY FOR ANY MALFUNCTIONS, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE SERVICE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON. WE DO NOT GUARANTEE THAT THE SERVICES, OR ANY COMPUTER HOSTING THE SERVICES, ARE OR WILL BE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL PARTICLES. UNDER NO CIRCUMSTANCES IS FITDEGREE RESPONSIBLE IN ANY WAY FOR THE INFORMATION POSTED ON THE SITE BY THIRD PARTIES NOT UNDER THE DIRECT CONTROL OF FITDEGREE. BY ACCESSING AND/OR USING THE SERVICES, YOU EXPRESSLY AGREE TO ASSUME THE ENTIRE RISK AS TO THE QUALITY AND/OR PERFORMANCE OF THE SERVICES. YOU FURTHER AGREE TO ASSUME THE RISK TO THE ACCURACY AND QUALITY OF ITS CONTENTS.
YOU AGREE AND UNDERSTAND THAT YOU ARE FULLY AND COMPLETELY ASSUMING THE RISK AND ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY FILE WHEN USING THE CONTENTS OF THE SERVICES, ANY MATERIAL CONTAINED THEREIN AND/OR DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES.
Limitation of Liability & Indemnification
SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
YOU AGREE AND UNDERSTAND THAT UNDER NO CIRCUMSTANCES WILL FITDEGREE BE LIABLE FOR ANY LOSS OR DAMAGES RELATED TO YOUR RELIANCE ON ANY INFORMATION CONTAINED IN OR RELATED TO THE SERVICES. YOU ASSUME FULL RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF THE SERVICES.
NEITHER WE NOR ANY OF OUR SUBSIDIARIES, AFFILIATED COMPANIES, OFFICERS, EMPLOYEES, MEMBERS, OR DIRECTORS (“FITDEGREE AFFILIATES”) SHALL BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES, IF ANY, PAID BY YOUR CLUB TO FITDEGREE DURING THE CALENDAR YEAR IN WHICH SUCH EVENT IS CLAIMED TO HAVE OCCURRED, OR USD $100, WHICHEVER AMOUNT IS GREATER.
NEITHER FITDEGREE NOR ANY FITDEGREE AFFILIATES SHALL BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOSS OF USE, PROFIT, REVENUE OR DATA TO YOU OR ANY THIRD PERSON. THIS LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF WHETHER (I) YOU BASE YOUR CLAIM ON CONTRACT, TORT, STATUTE OR ANY OTHER LEGAL THEORY, (II) WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF SUCH DAMAGES, OR (III) THE LIMITED REMEDIES PROVIDED IN THESE TERMS FAIL OF THEIR ESSENTIAL PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER BASED IN EQUITY, CONTRACT, NEGLIGENCE, OTHER TORTIOUS ACTION, STRICT LIABILITY, OR ANY OTHER THEORY OF LIABILITY), SHALL FITDEGREE, ITS OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE, LOSS OF ANTICIPATED PROFITS, GOODWILL, DIMINUTION OF VALUE, BUSINESS INTERRUPTION COSTS, OR ANY OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, RELATED TO, CAUSED BY, OR RESULTING IN ANY WAY FROM DAMAGE FROM ANY SECURITY BREACH OR ANY OTHER SECURITY INTRUSION, COMPUTER LINE OR NETWORK FAILURE, OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION.
FITDEGREE SHALL BE LIABLE FOR DATA PROTECTION LOSSES (HOWSOEVER ARISING, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) UNDER OR IN CONNECTION WITH THIS POLICY:
ONLY TO THE EXTENT CAUSED BY THE PROCESSING OF PERSONAL DATA UNDER THIS POLICY AND DIRECTLY RESULTING FROM A BREACH OF IT;
IN NO CIRCUMSTANCES TO THE EXTENT THAT ANY DATA PROTECTION LOSSES (OR THE CIRCUMSTANCES GIVING RISE TO THEM) ARE CONTRIBUTED TO OR CAUSED BY ANY BREACH OF THIS POLICY BY THE USER.
FOR THE AVOIDANCE OF DOUBT, THE LIABILITY CAP AND LIMITATIONS AND EXCLUSIONS OF LIABILITY IN THIS AGREEMENT APPLY SO AS TO LIMIT AND EXCLUDE THE LIABILITY OF FITDEGREE UNDER THIS CLAUSE.
YOU UNDERSTAND AND AGREE THAT YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO CEASE USING THE SERVICES.
BY ACCESSING AND USING THE SERVICES YOU AGREE TO MAKE FITDEGREE, ITS AFFILIATES, PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND STRATEGIC PARTNERS WHOLE FOR ANY AND ALL CLAIMS, LOSSES, LIABILITIES, AND EXPENSES, INCLUDING BUT NOT LIMITED TO ATTORNEY’S FEES, ARISING FROM AND RELATED TO YOUR USE OF THE SERVICES OR ANY VIOLATION OF THE TERMS AND CONDITIONS CONTAINED IN THIS TOS.
IF ANYONE BRINGS A CLAIM AGAINST US RELATED TO YOUR ACTIONS, CONTENT OR INFORMATION ON FITDEGREE, YOU WILL INDEMNIFY AND HOLD US HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES AND EXPENSES OF ANY KIND (INCLUDING REASONABLE LEGAL FEES AND COSTS) RELATED TO SUCH CLAIM. FITDEGREE PROVIDES RULES OF CONDUCT; HOWEVER, FITDEGREE DOES NOT CONTROL OR DIRECT USERS’ ACTIONS ON THE WEBSITE OR RELATED TO THE SERVICES. FITDEGREE IS NOT RESPONSIBLE FOR THE CONTENT OR INFORMATION USERS TRANSMIT OR SHARE ON FITDEGREE.
FITDEGREE IS NOT RESPONSIBLE FOR ANY OFFENSIVE, INAPPROPRIATE, OBSCENE, UNLAWFUL, OR OTHERWISE OBJECTIONABLE CONTENT OR INFORMATION YOU MAY ENCOUNTER ON OR RELATED TO THE SERVICES. FURTHERMORE, FITDEGREE IS NOT RESPONSIBLE FOR ANY CONDUCT OF ANY USER OF FITDEGREE WHETHER ONLINE OR OFFLINE.
FITDEGREE DOES ITS BEST TO KEEP THE SERVICES BUG/VIRUS FREE AND SAFE. HOWEVER, THE USER UNDERSTANDS THAT HE/SHE IS USING FITDEGREE AT THEIR OWN RISK.
Website Content, Ownership & Copyright Notice
fitDEGREE owns all of the content and information you post or create on the Websites or through the fitDEGREE App or any of the Services provided by fitDEGREE. By visiting the fitDEGREE Websites and/or using the fitDEGREE App or any of the Services provided, you agree to allow fitDEGREE to use any information collected for fitDEGREE’s general business, promotional, advertising, or any other purpose which fitDEGREE deems appropriate.
Furthermore, by using the Services on fitDEGREE, you specifically warrant that the information is not covered by intellectual property rights, or that if it is, you specifically grant fitDEGREE a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any intellectual property content that you post on or in connection with fitDEGREE, including the Intellectual Property License.
fitDEGREE claims a copyright in all proprietary and copyrightable text, graphics and computer code on the website, including, but not limited, to the design of the website and the location and arrangement of all materials on the website. fitDEGREE also claims a copyright in all proprietary and copyrightable text, graphics and computer code associated with the Services. This claim includes and extends to all information contained in the public domain of the Website and the fitDEGREE App. All logos, service marks, trademarks, trade names, and trade dress (whether registered or unregistered) that appear on the Website or Apps are proprietary to fitDEGREE and its owners.
You are not permitted or authorized to modify, change or alter any of the material(s) on the Website or any App, nor are you permitted to incorporate any material(s) in whole or in part into another work. You are further prohibited from removing any copyright notices, trademarks, trademark notices, or any other proprietary notices. The use of any material(s) from the Service for a commercial purpose requires the express written permission of fitDEGREE. You are welcome to request permission by email from fitDEGREE at email@example.com.
fitDEGREE respects the intellectual property rights of others and expects users of the Service to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law (including the Digital Millennium Copyright or “DMCA” at 17 U.S.C. §512) and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please review the DMCA to ensure your compliance before you send us any request to remove allegedly-infringing Content (“Takedown Notice”). Each Takedown Notice must be in English and include the following information:
Identification of the copyrighted work claimed to have been infringed.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled. Information reasonably sufficient to permit us to locate the material (e.g., a detailed uniform resource locator or “URL”).
Your contact information, including your postal address, telephone number, and an email address.
A statement by you that you have a good faith belief that use of the Content or other material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notice is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
On our receipt of a Takedown Notice, we may publish the Takedown Notice, or provide a copy of the Takedown Notice to the user that uploaded or provided the Content. For any Takedown Notice that is subject to the provisions of the DMCA, the original provider of the Content may have the right to send a notice to us (“Counter Notice”) demanding that the Content be restored to the Service.
In compliance with the DMCA or other applicable law, we may implement any Takedown Notice by removing the accused Content or other material from public view on the Service, and we may implement any Counter Notice by restoring the accused Content or other material to public view on the Service.
Regardless of the DMCA or other applicable laws or regulations, we reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you or anyone else. In appropriate circumstances, fitDEGREE will also terminate a user’s account if we determine the user to be a repeat infringer. Our designated copyright agent for notice of alleged copyright infringement appearing on the Service is:
fitDEGREE, LLC Attn: Copyright Agent 591 Mantua Blvd | Suite 201 Sewell, NJ 08080 U.S.A.
Sharing Content & Information
You can control the privacy settings in your individual profile. Other than certain private information provided to create a user profile (email address, password), the information provided is considered public.
If your account/profile has been established by your Club or studio for use in accordance with the Agreement you entered into with the Club (that is, you have received your log-in credentials from the Club directly), your Club has collected and shared your Personal Information with fitDEGREE in order to provide you with the Services. fitDEGREE uses the information provided by the Club to create your log-in credentials.
You can also set up your profile/account with fitDEGREE directly, in which case you receive the log-in credentials from fitDEGREE directly and in which circumstance fitDEGREE does not receive any Personal Information about you by the Club exporting member information to fitDEGREE.
fitDEGREE Safety & Account Registration/ Security
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your user name and password. Therefore, you must not share or disclose your password with anyone. fitDEGREE recommends that you should use a “strong” password for each account, e.g., a password that is not a dictionary term or other word, and combines numbers, upper case letters, lower case letters, and non-alphanumeric characters. You acknowledge that passwords may be compromised no matter how strong the password. fitDEGREE is not liable to you for any loss or damage arising from any third party accessing or using your account without your permission, regardless of how the third party accesses your account.
Please take precautions to protect your user name and password, and contact us at firstname.lastname@example.org if you believe your account has been accessed by an unauthorized person or compromised in any fashion.
Protecting Other People's Rights
We respect other people's rights and expect you to do the same. You will not post content or take any action on fitDEGREE that infringes or violates someone else's rights or otherwise violates the law. We can remove any content or information you post on fitDEGREE if we believe, based solely on our judgment and within our sole and exclusive discretion, that it violates this Statement, our policies or the spirit of the fitDEGREE community.
If we remove your content for any reason, and you believe we removed it by mistake, you have the ability to appeal that decision by sending an email to email@example.com which explains why you believe that fitDEGREE should permit the content. It is within the sole and exclusive judgment of fitDEGREE whether the content is ultimately determined to be re-posted. If you repeatedly infringe other people's legal rights, we reserve the right to disable your account.
Links to Third Party Resources
To the extent that fitDEGREE or any user or Club provides resources that can be accessed with hypertext links from the Services that are not under the direct control of fitDEGREE, fitDEGREE is not responsible for the contents of those third party resources. These links are merely provided as a courtesy and convenience for our users and visitors. The use of a link on the Services does not imply any recommendation, approval or enforcement of third party resources or their business by fitDEGREE.
You may terminate your use of the Services at any time for any reason. In the event of any termination, fitDEGREE shall be entitled to payment for the Services in accordance with this ToS. At termination, you may request that fitDEGREE transfer or delete your Personal Information. Such request must be made within sixty (60) days of termination.
Our rights: We reserve the right at all times (but will not have an obligation) to remove, or refuse to collect or distribute any Content on the Service, to suspend or terminate users, and to reclaim user names and change passwords without liability to you. We also reserve the right to access, read, preserve, and disclose any data, information or other Content as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms and the applicable Club Agreement, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of fitDEGREE, its users and the public.
Entire Agreement: These Terms, together with the Privacy Notice, which is incorporated herein by this reference as if set forth herein in its entirety, constitute the entire, complete and exclusive agreement between you and us regarding the Service, and supersede all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of these Terms and the Privacy Notice.
Amendments to these Terms: We reserve the right to modify, supplement or replace these Terms, effective upon no less than thirty (30) days prior written notice to the email address we have for you. If we have no email address for you, then the modified Terms will take effect thirty (30) days after we post them on our website at www.fitdegree.com or our mobile application. Your use of the Service thirty (30) days after any such update or modification shall confirm your agreement to the modified version of the Terms. If you do not want to agree to changes to the Terms, you may terminate your account with us, or otherwise terminate your use of the Service, prior to the modified Terms taking effect, in which case the prior set of Terms in effect as of the date of termination shall continue to control any disputes or other issues that may arise regarding your use of the Service. Only modifications, supplements or replacements of these Terms as stated in this provision shall be valid and effective to amend the Terms. Any other purported amendments shall be void and of no force or effect.
No Informal Waivers, Agreements or Representations: Any failure by any party to act with respect to a breach of these Terms by you or others does not waive any right to act with respect to that breach or any subsequent breaches. Except as expressly and specifically contemplated by the Terms, no representations, statements, consents, waivers or other acts or omissions by any party, fitDEGREE or its Affiliates shall be deemed legally binding on the other party or its Affiliates, unless expressly and specifically documented in a writing that refers to the Terms and states expressly the intent to modify or supplement the Terms, and that an authorized officer of fitDEGREE has executed physically or electronically.
Assignment and Delegation: You may not assign or delegate any rights or obligations under the Terms. Any purported assignment and delegation by you shall be ineffective. We may freely assign or delegate some or all of our rights and obligations under the Terms, Club Agreement and Privacy Notice, effective on sending a notice to you at the email address we have for you, or if we have no email address for you, by posting a notice of assignment on the Service’s website at.
Choice of Law/ Governing Law & Arbitration Clause
These Terms and any action related thereto will be governed by the law of the State of New Jersey, and the federal laws of the United States of America, without regard to or application of any conflict of laws provisions or principles. Any dispute between us or arising out of these Terms, their performance, or the Service shall be determined by one arbitrator in binding arbitration administered by the American Arbitration Association (“AAA”) pursuant to its Commercial Arbitration Rules. The language of the arbitration shall be English. To accommodate parties and witnesses that may be distant from each other, each hearing shall be conducted and all testimony shall be entered by audio conference or video conference. The award of the arbitrator shall be final and binding on the parties, and may be entered and enforced in any court or other tribunal of competent jurisdiction. Proceedings will be conducted on an individual basis. Neither you, your Club, nor fitDEGREE may seek to have a dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding can be combined with another proceeding without the prior written consent of all parties to the arbitration or proceeding. If this class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and will be administered by the AAA pursuant to its Supplementary Rules for Class Arbitrations, with the remaining parts proceeding in individual arbitration.
If any provision of these Terms is found by an arbitrator or court of competent jurisdiction to be illegal, void, or unenforceable, the provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the parties with respect to the provisions within the context of the overall Terms. If a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of these Terms will not be affected.
How to Contact Us
If you have any questions regarding this Terms of Service please contact us at the information provided below. We will keep a copy of your message until we have had an opportunity to address your concerns. We may archive your message for a certain period of time or discard it, but your email address will not be used for any other purpose.
fitDEGREE, LLC Attn: Law Department 591 Mantua Blvd | Suite 201 Sewell, NJ 08080 U.S.A.