These Terms of Service are entered into by and between You and FitBudd Inc. (“Company,” “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Service”), govern your access to and use of fitbudd.com, including any content, functionality, and services offered on or through fitbudd.com (the “Website”) and the FitBudd application(s) (collectively, the “Application” and together with the Website, the “Platform”). The Platform allows personal trainers, wellness coaches and nutritionists (collectively, the “Trainers”) to provide training and coaching and interacting with their clients (the “Clients”). The Company assists the Trainers in administering their business activities, including manage Clients, create workout plans, meal plans, recipes, and exercises, track the progress of their Clients, and upload and store documents, videos, and other files supporting Trainers’ business activities. The Company also allows the Clients to interact with the Trainers through the Platform and track their progress in the field of fitness, diet, and healthy lifestyle. Trainers and Clients may also be referred to as “Users”.
Please read the Terms of Service carefully before you start to use the Platform. By using the Platform or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree to be bound and abide by these Terms of Service, our Privacy Policy, found at https://www.fitbudd.com/privacy-policy, and other terms that are specifically incorporated herein by reference. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Platform.
This Platform is offered and available to Users who are 18 years of age or older. By using the Platform, you represent and warrant that you meet all eligibility requirements. If you do not meet all of these requirements, you must not access or use the Platform.
We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Platform thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Platform.
Your continued use of the Platform following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Trainers may upload Trainer Content to the Platform. The term “Trainer Content” does not include any component of our Platform or other “User Contributions” (as defined below in the “User Contributions” section).
You will be asked to provide certain details about your Trainer Content when uploading them, such as the subject matter, title, type of offering, and trainer identity (collectively, “Trainer Content Details”).
When you upload Trainer Content to us, you are making them available to us and prospective Clients.
If you upload Trainer Content from a third-party cloud storage drive, you may be asked to sign in to that account and authorize us to access your files. We will only access files on your drive which you choose to upload. No third-party account credentials or user profile data belonging to you will be accessed, retained, or shared by us.
Trainer is solely responsible for its uploaded Trainer Content and the consequences of submitting and marketing them on the Platform. Trainer represents and warrants that:
The Platform is intended to allow Trainers to market content with a wide audience and Trainers should only upload Trainer Content that have fitness value. In general, Trainers should follow community standards of common sense and good taste. Trainer therefore agrees that it will not upload any Trainer Content or communicate via the Platform or in any manner to us or the Clients that:
This should not be construed as an exhaustive list of prohibited Trainer Content and standards for a Trainer but rather as general guidelines.
The Trainer and Trainer Content for purchase on the Platform should provide a positive customer and fitness experience. We reserve the right to determine whether Trainer Content and/or a Trainer provides a poor customer and/or fitness experience and if so, remove that Trainer or Trainer Content from the Platform.
We aim to provide the best possible Trainer Content for Clients. We have a zero tolerance policy for Trainer Content or Trainer Content Details meant to advertise, promote, mislead, or that don’t accurately represent the contents of the Trainer Content. Please ensure your Trainer Content Details do not result in inaccurate or overwhelming search results, or impair a prospective Client’s ability to make good buying decisions.
We do not test, certify, or verify the claims, educational experience, or work experience made or claimed by Trainers. We do not guarantee that any information, accreditation, and personal data provided by the Trainers or the Clients is true, accurate, correct, and up-to-date Trainers must provide accurate information about their background and certifications. If applicable, Trainers certify that they are licensed, if required, to provide their applicable services.
Trainers own and maintain the intellectual property rights in their Trainer Content and grant the Company and Clients licenses to use such Trainer Content for limited use as described in this section. When you purchase Trainer Content, you’re purchasing a license to use the Trainer Content in accordance with the terms set forth in the Trainer Content listing. All downloadable and digitally consumed Trainer Content can only be used in accordance with a license, which can either be a “Personal License” or a “Classroom License.” If no distinction is made, the applicable license is a Personal License. For Classroom Licenses, the license price for such Trainer Content will reflect an increase over the price for a Personal License, and will be determined by us applying a “premium” to the Personal License price. Not all Trainer Content will be available for a Classroom License.
Your use of any Trainer Content, regardless of license type and whether the license is purchased by you, transferred to you by your organization, or purchased for you as a gift or on your behalf, is subject the Terms of Service and the applicable license. You agree to comply with any additional terms the Trainer provides in the Trainer Content listing. In the event of any conflict between the Terms of Service and a Trainer’s terms, the Terms of Service will govern, except that Trainers may grant certain additional rights to their Trainer Content.
The Platform merely facilitates the consultation and communication between the Trainers and their Clients, including hosting and maintaining the Platform and supporting the agreements between the Trainers and the Clients (the “Trainer-Client Agreement”). We do not intervene or interfere in any manner into the communication between the Trainers and the Clients.
If a Trainer and a Client decides to enter into a Trainer-Client Agreement, such Trainer-Client Agreement is a contractual relationship between Trainer and Client and a Trainer and a Client have complete discretion whether to enter into the Trainer-Client Agreement and the agree terms of the Trainer-Client Agreement. Trainer and Client acknowledges and agrees that the Company is not a party to the Trainer-Client Agreement and the formation of the Trainer-Client Agreement does not create employment, partnership, joint venture, or other service relationships between Trainer and Client and us. A Trainer and Client may enter into any agreements as they deem to be appropriate (e.g., a confidentiality or assignment agreements), provided that such agreements do not conflict with, narrow, or expand this Terms of Service.
By entering into the Trainer-Client Agreement, the Clients acknowledge and agree that the Clients are purchasing services from the Trainers and not directly from us, and the Trainers are solely responsible for delivering those applicable services. Therefore, for any specifics related to the Trainer-Client Agreement, the Clients are requested to contact the Trainers directly. We will not be liable for any direct, indirect, consequential or inconsequential loss or damage that results from the Trainer-Client Agreement and any business transactions made between the Trainer and Client because of the interactions through the Platform.
Trainers are solely responsible for:
Any disputes arising between Trainer and Client pursuant to the Trainer-Client Agreement shall not implicate us in any manner including affiliates, officers, employees, agents and professional advisors from any cost, damage, liability or other consequence of any of the actions by you and such disputes are to be resolved between you and such users only. We shall not be involved in mediating or resolving disputes between Trainer and Client pursuant to the Trainer-Client Agreement.
THE PLATFORM DOES NOT PROVIDE MEDICAL ADVICE.
The information, including but not limited to, text, graphics, images and other material contained on the Platform, including Trainer Content, are for informational purposes only. No material on the Platform is intended to be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health care provider with any questions you may have regarding a medical condition or treatment and before undertaking a new health care regimen, including any Trainer-Client Agreement, and never disregard professional medical advice or delay in seeking it because of something you have read on the Platform.
IN THE EVENT OF A MEDICAL OR HEALTH EMERGENCY, PLEASE CALL 911 OR APPROPRIATE EMERGENCY RESPONDERS IMMEDIATELY.
You acknowledge that participation any training or fitness program via the Platform may involve strength, flexibility, aerobic, cardio and other exercises, including the use of equipment, all of which can be potentially hazardous activities. You accept full responsibility over the location where you engage in the services via the Platform, you acknowledge that we have no control over the location that you choose, and that the location of participation in fitness and related activities involve additional risks, including, but not limited to, those caused by terrain, facilities, temperature, weather, environment, vehicular traffic, lack of hydration, and actions of other people.
By using the Platform, you: (i) acknowledge and agree that you are voluntarily participating in fitness programs provided via the Platform; (ii) hereby assume and accept any and all risks of injury, physical harm, or death; (iii) acknowledge and represent that you are physically sound and do not suffer from any illness, impairment, disease or other condition that would prevent you from participating in the fitness classes, performing any exercises, or using any equipment; and (iv) knowingly and voluntarily, on behalf of yourself and your heirs and assigns, forever waive, release, discharge and hold harmless us and our subsidiaries and affiliates, and each of their respective officers, directors, employees, agents, representatives, and each of their respective successors and assigns, and the Trainers, individually and collectively, from any and all liability, damages, losses, suits, demands, causes of action (including, without limitation, negligence) or other claims of any nature whatsoever, including, without limitation, any losses for property damage, personal injury, or death, arising out of or relating in any way to your participation in the fitness programs provided via the Platform.
The information presented on or through the Platform, including Trainer Content, is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Platform, or by anyone who may be informed of any of its contents.
This Platform includes content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials, including Trainer Content, do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Use of the Platform is subject to the applicable service fees (the “Fees”). The Fees and payment terms related thereto are communicated by us to you personally either via the Platform, or upon your request, by email or phone. The Fees shall be charged in United State dollars (USD) currency. The Fees are charged automatically on a monthly basis, (i) unless stated otherwise in your service contract, (ii) until you stop your subscription, or (iii) until the term specified in your service contract expires. By purchasing a subscription to use the Platform and concluding a service contract, you agree to pay the Fees upon the terms and conditions mentioned in your service contract. The Fees are subject to a change without a prior notice. Any of changes to the Fees will be made available to you and, if necessary, we will request you to provide your consent to the changes of the Fees, provided that if you don’t consent, your use of the Platform will terminate at the end of the applicable period.
All Fees are exclusive of all taxes, levies, or duties imposed by taxing authorities. Unless otherwise stated in the schedule of the Fees, you are responsible for paying all applicable taxes. We are not responsible for any additional fees you may be charged by your financial institution such as international transaction fees or overdraft fees.
If you are a Trainer and would like to terminate your subscription to the Platform, you can log onto the “Billing Section” on the Platform and request to cancel the subscription as mentioned therein. If you use the Platform as a Client, you have an opportunity to contact your Trainer to cancel your subscription to the Platform. We will not be responsible if you or your Trainer fails to cancel your subscription in a timely manner. The cancellation of the Fees will become effective at the end of then-current billing month. If provided for in the service contract, we reserve the right to charge a cancellation fee.
You shall be entitled to use a valid credit/debit and/or any other payment cards (“Virtual Payment Modes”) which shall be processed by our applicable third-party payment processor (“Payment Processor”) for payments including the Fees and the payments made by the Clients to the Trainers. The Payment Processor is solely responsible for handling your payments. You agree not to hold us liable for payments that do not reach us because you have quoted incorrect payment information or the Payment Processor refused the payment for any other reason. The Payment Processor may collect from you some personal data, which will allow them to make the payments requested by you (e.g., your name, and credit card details). The Payment Processor handles all the steps in the payment process on its website, including data collection and data processing. We do not store your credit card details in our systems.
You agree and accept that all nuances and modalities relating to Virtual Payment Modes shall be separately governed by the Payment Processor. We would not be responsible, in any manner whatsoever, for any liability that may arise in relation to any aspect of/ relating to the Virtual Payment Modes (including any fraudulent transaction). The payments made on the Platform are non-refundable.
We will not be liable for the loss of any nature whatsoever caused to you arising, directly or indirectly, out of decline of authorization for any transaction, resulting from you exceeding your pre-set permissible payment limit under Virtual Payment modes, as applicable.
If you are disappointed with the quality of our services, please contact us without any delay and express your concerns. We will address your complains as soon as possible. If you use the Platform as a Trainer, you are entitled to withdraw from your service contract with us within the period of 30 days after the service contract without giving any reason. In order to terminate your contract, you must clearly inform us of your decision to withdraw from the contract by email at support@fitbudd.com prior to 30 days period. We will acknowledge the receipt of the cancellation without any delay.
We reserve the right to withdraw or amend the Platform, and any service or material we provide on the Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform, or the entire Platform, to Users, including registered Users.
You are responsible for both:
To access the Platform or some of the Trainer Content it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Platform that all the information you provide on the Platform is correct, current, and complete. You agree that all information you provide to register with the Platform or otherwise, including, but not limited to, through the use of any interactive features on the Platform, is governed by our Privacy Policy at https://www.fitbudd.com/privacy-policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Platform or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.
The Platform and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Service permit you to use the Platform for your personal use only. Meaning you are not permitted to resale or give away any of the content you view or download. You are not permitted to reproduce, modify, create derivative works of, publicly display, publicly perform, republish any of the material on our Platform, except as follows:
You must not:
You must not access or use for any commercial purposes any part of the Platform or any services or materials available through the Platform.
If you wish to make any use of material on the Platform other than that set out in this section, please address your request to: connect@fitbudd.com
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Platform in breach of the Terms of Service, your right to use the Platform will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Platform or any content on the Platform is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Platform not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.
The Company name, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Platform are the trademarks of their respective owners.
We take claims of copyright and trademark infringement seriously. We will respond to notices of alleged copyright and/or trademark infringement that comply with applicable law. If you believe any materials accessible on or from this site (the “Platform”) infringe your copyright or trademark, you may request removal of those materials (or access to them) from the Platform by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
Our designated copyright agent to receive DMCA Notices is:
Saumya Mittal
FitBudd Inc.
16192 Coastal Highway, Lewes, Delaware 19958, USA
saumya@fitbudd.com
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Platform is infringing your copyright and/or trademark, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
If you believe that material you posted on the Platform was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a “Counter Notice”) by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter Notice must include substantially the following:
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter Notice.
Please be aware that if you knowingly materially misrepresent that material or activity on the Platform was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
It is our policy in appropriate circumstances to disable and/or terminate the accounts of Users who are repeat infringers.
You may use the Platform only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Platform:
Additionally, you agree not to:
The Platform may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow Users to post, submit, publish, display, or transmit to other Users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Platform.
All User Contributions must comply with the Content Standards set out in these Terms of Service.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Platform, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other User of the Platform.
You also acknowledge and agree that any feedback, comment or suggestion you may provide is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation or compensation to you.
We have the right to:
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted on the Platform, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any User or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
We may update the content on the Platform from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Platform may be out of date at any given time, and we are under no obligation to update such material.
All information we collect on the Platform is also subject to our Privacy Policy https://www.fitbudd.com/privacy-policy. By using the Platform, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
All purchases through our site or other transactions for the sale of goods, or services, or information formed through the Platform, or resulting from visits made by you, are governed by this Terms of Service.
Additional terms and conditions may also apply to specific portions, services, or features of the Platform. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Service.
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
This Platform may provide certain social media features that enable you to:
You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Service.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
If the Platform contains links to other sites and Trainer Content provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or Trainer Content, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The owner of the Platform is based in the State of Delaware in the United States. We make no claims that the Platform or any of its content is accessible or appropriate outside of the United States. Access to the Platform may not be legal by certain persons or in certain countries. If you access the Platform from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY PLATFORM LINKED TO IT.
YOUR USE OF THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE PLATFORM, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE APPLICABLE CONTENT, PRODUCT, OR SERVICE IN THE LAST 6 MONTHS OUT OF WHICH LIABILITY AROSE.
The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Service or your use of the Platform, including, but not limited to, your User Contributions, your Trainer Content, any use of the Platform’s content, services, and products other than as expressly authorized in these Terms of Service, or your use of any information obtained from the Platform.
All matters relating to the Platform and these Terms of Service, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Service or the Platform shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Service in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
At Company’s sole discretion, it may require You to submit any disputes arising from these Terms of Service or use of the Platform, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Delaware law.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
UNLESS OTHERWISE PROHIBITED BY APPLICABLE LAW IN YOUR JURISDICTION, YOU AGREE THAT YOU MAY BRING CLAIMS ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING (OTHER THAN ACTIONS UNDER THE CALIFORNIA PRIVATE ATTORNEYS GENERAL ACT OF 2004, CALIFORNIA LABOR CODE § 2698 ET SEQ. WHICH ARE NOT COVERED BY THIS SECTION). Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
No waiver by the Company of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
The Terms of Service, our Privacy Policy, and other applicable terms identified herein, constitute the sole and entire agreement between you and Company regarding the Platform and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Platform.
Neither these Terms of Services nor any of the rights granted to you herein may be assigned or transferred by you, whether voluntarily or by operation of law, without the express prior written permission of us and any attempt to do so will be null and void. However, we may assign or transfer these Terms of Service at any time without your permission.
All other feedback, comments, requests for technical support, and other communications relating to the Platform should be directed to: connect@fitbudd.com
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