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Terms of Service – Fitverz, LLC

Last Updated: August 01, 2020

 

 

PLEASE READ THIS LEGAL DOCUMENT CAREFULLY. By using the Fitverz websites, the Fitverz app (as it may be available at the Apple App Store for iPhone® and/or Google Play Store for Android®) or content (the “Platform”, the “Site”, and/or “Service”), the fitness business intermediary and marketplace services provided by Fitverz or any fitness, recreational, wellness, or other sessions, experiences, activities, events, classes, digital sessions, recordings, and/or products made available through Fitverz (collectively, “Fitness Provider Services”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”).

 

Fitverz, LLC (“Fitverz”, “Company”, “we”, “our” and “us”) reserves the right to update and change these Terms of Service without notice. We may update or otherwise modify these Terms of Service at any time, and you understand and agree that your continued access or use of the Services after such change signifies your acceptance of the updated Terms of Service.

 

Violation of any of the terms below may result in the termination of your account.

 

THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT AND WAIVER OF CLASS THAT REQUIRES YOU TO ARBITRATE ALL DISPUTES YOU HAVE WITH FITVERZ ON AN INDIVIDUAL BASIS. YOU EXPRESSLY AGREE THAT DISPUTES BETWEEN YOU AND FITVERZ WILL BE RESOLVED BY BINDING AND INDIVIDUAL ARBITRATION, AS MORE SPECIFICALLY SET FORTH IN THE ARBITRATION AGREEMENT INCLUDED BELOW, TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU HEREBY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASSWIDE ARBITRATION.

 

If you do not wish to be bound by these Terms, you may not access or use the Platform and Service. Certain elements of the Platform and Service may be subject to additional terms and conditions specified from time to time; your use of those elements of the Platform and Service is subject to those additional terms and conditions, which are incorporated into these Terms by this reference.

 

NOTWITHSTANDING THE FOREGOING, YOUR CONTINUED USE OF THE SERVICE WILL BE DEEMED ACCEPTANCE TO AMENDED OR UPDATED TERMS. AS SUCH, YOU SHOULD CHECK FREQUENTLY TO SEE IF WE HAVE UPDATED THIS AGREEMENT. IF YOU DO NOT AGREE TO ANY TERMS OR CONDITIONS OF THIS AGREEMENT, PLEASE DO NOT USE THE SERVICE.

 

  1. General

 

  • These terms of use, together with the Privacy Policy, set out the terms on which Fitverz renders the Services through Fitverz’ Website and Apps as may be made available through our website (www.fitverz.com, together with all related domains, white-label and affiliate sites, mobile properties and related applications as they may be available through the Apple® App Store and/or Google® Play Store). Commences on the date upon which You enter into this Agreement and continues until terminated by You or Us (the “Term”). When we refer to “You”/ “User”, we mean any person that accesses or uses the Services.
  • If You are accessing or using the service on behalf of a company or other legal entity, You represent and warrant that You are an authorized representative of that entity and have the authority to bind such entity to this Agreement, in which case the terms “You” and “Customer” shall refer to such entity.

 

  1. Who may use the Platform and Service.

 

  • The availability of all or part of our Platform and/or Fitness Provider Services may be limited based on geography, age, or other criteria as we may establish from time to time. You understand and agree that we may disallow you from subscribing to Fitverz or may terminate your subscription at any time based on these criteria. You further understand that the Platform and/or Fitness Provider Services may not be available in every geographic area.
  • Age Requirement. We do not knowingly collect or solicit personally identifiable data from children under 18 without parental consent; if you are a child under 18, please do not attempt to register for the Services or send any personal data about yourself to us without the consent of your parent or legal guardian. By accessing or using the Services, you affirm that either you are at least 18 years of age or you have been authorized to use the Services by your parent or legal guardian. If you are a parent or guardian of a minor who has registered for or used the Services without your consent, please contact us at hola@fitverz.com.
  • If you believe we might have any information from or about a child under 18, please contact us at hola@fitverz.com.
  • THESE TERMS ARE APPLICABLE TO USERS WORLDWIDE. THE SERVICE IS CONTROLLED, OPERATED, AND ADMINISTERED BY FITVERZ LLC FROM OUR OFFICES WITHIN THE COMMONWEALTH OF PUERTO RICO, UNITED STATES OF AMERICA. IF YOU ACCESS THE SERVICE FROM A LOCATION OUTSIDE THE UNITED STATES OF AMERICA, YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ALL LOCAL LAWS. YOU AGREE THAT YOU WILL NOT USE THE PLATFORM’S CONTENT ACCESSED THROUGH www.fitverz.com IN ANY COUNTRY OR IN ANY MANNER PROHIBITED BY ANY APPLICABLE LAWS, RESTRICTIONS OR REGULATIONS. THE PLATFORM IS NOT AVAILABLE TO ANY USERS SUSPENDED OR REMOVED FROM THE PLATFORM BY FITVERZ. BY USING THE PLATFORM, YOU REPRESENT THAT YOU ARE A RESIDENT OF THE UNITED STATES, AT LEAST 18 YEARS OLD AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED. THOSE WHO CHOOSE TO ACCESS THE PLATFORM DO SO AT THEIR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH ALL LOCAL RULES INCLUDING, WITHOUT LIMITATION, RULES ABOUT THE INTERNET, DATA, EMAIL OR OTHER ELECTRONIC MESSAGES, OR PRIVACY.

 

  1. License to use the Platform and Service; access to Services.

 

  • Subject to your compliance with these Terms and solely for so long as you are permitted by us to access and use the Platform and Service, you may access and use Fitverz’s Services, as these Terms may be updated from time to time. Fitverz retains all right, title, and interest in and to the Platform and Service, including without limitation all software used to provide the Platform and Service and all logos and trademarks reproduced through the Platform and Service, and these Terms do not grant you any intellectual property rights in the Platform and Service or any of its components.
  • Fitverz hereby grants you a personal, revocable, non-exclusive, non-sublicensable, non-assignable, royalty-free, worldwide access to use the Platform and Service, in accordance with these Terms. Fitverz reserves all rights not expressly granted to you.
  • The Company will use commercially reasonable efforts to provide Customer with access to the Services, during the Term. Customer will cooperate with the Company, as requested, to facilitate the initiation of Customer’s access and use of the Services.

 

  1. Restrictions

 

  • You will not, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or any software, documentation or data related to the Services (“Software”); modify, translate, or create derivative works based on the Services or any Software (except to the extent expressly permitted by Fitverz or authorized within the Services); use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third; or remove any proprietary notices or labels.
  • You will not, directly or indirectly: (i) distribute, license, loan, or sell the Platform and Service or other content that is contained or displayed in it; (ii) remove, alter, or obscure any copyright, trademark, or other proprietary rights notice on or in the Platform and Service; (iii) provide false identity information to gain access to or use the Services; (iv) access the Platform for the purpose of building a competitive product or services or copying its features or user interface; and (iv) upload, post, reproduce or distribute any information, software, or other material protected by copyright, privacy rights, or any other intellectual property rights without first obtaining the permission of the owner of such rights.
  • You represent, covenant, and warrant that you will use the Services only in compliance with these policies and all applicable laws and regulations. You hereby agree to indemnify and hold harmless Fitverz against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and attorneys’ fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise from your use of Services. Although Fitverz has no obligation to monitor your use of the Services, Fitverz may do so and may prohibit any use of the Services it believes may be (or alleged to be) in violation of the foregoing.
  • You shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, servers, software, operating systems, networking, web servers and the like (collectively, “Equipment”). You shall also be responsible for maintaining the security of the Equipment, your account, passwords (including but not limited to administrative and user passwords) and files, and for all uses of your account or the Equipment with or without your knowledge or consent.
  • The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, content by you (“User Content”), and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You represent, warrant, and agree that you will not contribute any Content or User Content or otherwise use the Services or interact with the Services in a manner that:
    • Infringes or violates the intellectual property rights or any other rights of any Third-Party or Fitverz;
    • Violates any law or regulation;
    • Is abusive, fraudulent, deceptive, threatening, defamatory, obscene, hateful, inaccurate, libelous, pornographic, or otherwise objectionable as determined by Fitverz in its sole discretion (collectively, “Objectionable Content”);
    • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
    • Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
    • Involve commercial activities such as contests, sweepstakes, and other sales promotions, barter, or advertising.
    • Jeopardizes the security of any Fitverz account (such as allowing someone else to use your login credentials to access the Services), violates the security of any computer network, or cracks any password or security encryption code;
    • Runs Mail-list, Listserv, any form of auto-responder or “spam” on the Services, or that otherwise interferes with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
    • “Crawls,” “scrapes,” or “spiders” or otherwise collects any page, data, or portion of the Services or Content (whether through manual or automated means);
    • Copies or stores any portion of the Content;
  • Fitverz is free to terminate (or suspend access to) your use of the Services and/or your account for any reason, in its discretion, to the fullest extent permitted under applicable law, including your breach of these Terms or a violation of any of the foregoing. Fitverz, in its sole discretion, may take any actions it deems necessary and/or appropriate against any User who posts Objectionable Content on the Services.
  • Assignment: You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Fitverz’ prior written consent. We may transfer, assign, or delegate these Terms and any, or all, of our rights and obligations under these Terms without your consent, provided that you may rescind the assignment if you object to the transfer unless the assignment is due to a merger or acquisition of Fitverz. The Terms will inure to the benefit of our successors, assigns, and licensees.
  • Prohibited Conduct: Without limiting the prohibitions and restrictions found elsewhere throughout the Terms, you agree not to:
    • Harass, threaten, stalk, disrupt or defraud users, members or staff of Fitverz or Fitness Provider or any other person, or otherwise create or contribute to an unsafe, harassing, threatening or disruptive environment;
    • Act in a deceptive or fraudulent manner by, among other things, impersonating another person or access another user’s account or signing up for more than one account;
    • Share Fitverz passwords with any Third-Party or encourage any other user to do so;
    • Permit anyone to use any classes or services booked under your own membership, including other members;
    • Reserve or cancel any class directly with a Fitness Provider, rather than through the Platform;
    • Reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast, use for commercial purposes or otherwise exploit any portion of the Platform;
    • Misrepresent the source, identity, or content of information transmitted via the Platform, including deleting the copyright or other proprietary rights or notices from any portion of the Platform;
    • Upload material (e.g. virus) that is damaging to computer systems or data of Fitverz or users of the Platform or otherwise use the Platform in any manner that could damage, disable, overburden, or impair it or interfere with any other party’s use and enjoyment of the Platform;
    • Upload copyrighted material that is not your own or that you do not have the legal right to distribute, display, and otherwise make available to others;
    • Upload or send to Platform users pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libelous, or otherwise inappropriate content;
    • Link to, mirror or frame any portion of the Platform;
    • Cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Platform or unduly burdening or hindering the operation and/or functionality of any aspect of the Platform;
    • Attempt to gain unauthorized access to or impair any aspect of the Platform or its related systems or networks or interfere or attempt to interfere with the proper working of the Platform or any activities conducted on the Platform;
    • Make unsolicited offers, advertisements, proposals, or send junk mail or “spam” to users;
    • Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Platform, any features that prevent or restrict use or copying of any content accessible through the Platform, or any features that enforce limitations on the use of the Platform or the content therein;
    • Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Platform;
    • Modify the Platform in any manner or form, nor to use modified versions of the Platform, including (without limitation) for the purpose of obtaining unauthorized access to the Platform;
    • Use the Platform for or in connection with any purpose that is unlawful or prohibited by these Terms.

 

  • Fitverz reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion. Fitverz also reserves the right to investigate and take appropriate legal action against anyone who, in the Company’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, and reporting you to the law enforcement authorities.

 

  1. Our Privacy Policy forms a part of these Terms. Please review the Privacy Policy to learn about:

 

  • What information we may collect about you;
  • What we use that information for; and
  • With whom we share that information.

 

To learn more, please visit: https://fitverz.com/en/terms-policy/.

 

  1. Membership Requirements

 

  • Registration: If you wish to use the Services, you will be required to register for an account. In order to sign up for an account, you must provide registration data (including a valid and up to date email address and/or telephone number) and select a password and a username (“Fitverz User ID”). You are responsible for maintaining the confidentially of your Fitverz User ID and are fully responsible for all activities that occur through the use of your credentials. You agree to notify the Company immediately if you believe the confidentiality of your login credentials has been compromised or if you suspect unauthorized use of your account. You agree that the Company will not be liable for any loss or damage arising from unauthorized use of your credentials. To use the Platform, you must have access to the Internet and may be required to download a Fitverz app to use some or all of Fitverz features. You are solely responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the Platform and Services.
  • Fitverz Account: Your Fitverz account is personal to you and you agree not to create more than one account. You cannot transfer or gift Services to third parties or allow third parties to use your Fitverz account, including other Fitverz users. You must not use or exploit the Platform and/or Services for commercial purposes. We continually update and test various aspects of the Fitverz Platform and Service. We reserve the right to, and by using the Platform and/or Services you agree that we may, include you in or exclude you from these tests without notice. You understand and agree that Fitverz may take actions we deem reasonably necessary to prevent fraud and abuse.
  • Access:After registration, you may access the Services by logging in to the Platform with your username & password or through a social media account (e.g. Facebook). By accessing the Services through social media, you permit us to access certain data from your social media profile for use by the Services as described during your log-in. You may control the amount of data that is accessible to us by adjusting the privacy settings within your social media account. By using the Services, you are authorizing us to collect, store, retain and use, in accordance with our Privacy Policy, any and all data that you have permitted the social media service to provide to us. Due to the nature of the Internet, Fitverz cannot guarantee the continuous and uninterrupted availability and accessibility of the Fitverz Platform.

 

  1. Membership Structure

 

The Fitverz Platform and Service enables consumers to reserve, schedule, purchase, access and attend a wide range of fitness, recreational and wellness Fitness Provider Services, whether physical or online, offered and operated by Us, whether jointly with or independently offered by fitness centers, gyms, trainers, venues or other third parties who have entered into partnership agreements with Fitverz (collectively, “Fitness Providers”). Fitverz operates an online marketplace that enables registered users (“Member(s)”) and Fitness Providers to publish such Fitness Provider’s Services and to communicate and transact directly with the duly registered Member that is seeking to book such Fitness Provider Services. Different Fitness Providers are available across geographies and through various membership levels. Fitness Provider availability is subject to change at any time without notice.

Fitverz itself is not a gymnasium, place of amusement or recreation, health club, facility, fitness studio or similar establishment. Fitverz does not own, operate, sell, resell, provide, control, manage, offer, deliver, or supply any of the Fitness Provider Services offered by third-parties that are offered at or through such facilities. Fitverz do offer native content in partnership with certain wellness and fitness professional that may be Fitness Providers on the Platform. Such native digital content is also governed by these Terms. Fitness Providers alone are responsible for their Fitness Provider Service. When Members make or accept a booking, they are entering a contract directly with each other. Fitverz is not and does not become a party to or other participant in any contractual relationship between Members and Fitness Providers.

 

  • Membership Options: There are a number of ways to use Fitness Provider Services through Fitverz, such as various subscription plans, promotional plans, Digital Sessions, and non-subscription purchases. These options consist of different services and features and may be subject to additional and differing conditions, prices, policies and limitations. We reserve the right to modify, terminate or otherwise amend our offered options and plans at any time in our discretion. From time to time we may permit non-subscribers to access certain Services, content or features for a cost or at no cost. Fitverz makes no commitment on the quantity, availability, type or frequency at which such classes, Services, content and features will be available to non-subscribers and may modify, discontinue, remove or suspend access at any time and for any reason in our sole discretion.
  • Subscription Plans: To enjoy access to certain Fitness Providers Services through the Platform, you need to sign up for a subscription to a Fitverz Membership or a Provider Membership. A subscription starts on the date that you sign up for a subscription and submit payment via a valid Payment Method (defined below) or reactivate a pre-existing subscription. Unless we otherwise communicate a different time period to you at the time of sign up or otherwise (such as a multi-month commitment plan), each billing cycle is one month in length (a “Subscription Cycle”). Your Fitverz subscription automatically renews each month, and we will automatically bill the monthly subscription fee to your Payment Method each month, until your subscription is cancelled or terminated. You must provide us with a current, valid, accepted method of payment (“Payment Method”). We may update the accepted methods from time to time. If you add a subscription to your base subscription or if you upgrade or downgrade to a different subscription, all such subscriptions will be governed by these Terms and will continue indefinitely until canceled or terminated.
  • Co-Memberships: From time to time Fitverz may permit you to sign up for a co-membership that provides you with a membership to Fitverz as well as a membership to a third-party Venue, such as a Fitness Provider (“Venue Membership”). If you sign up for a co-membership, you will be subject to these Terms as well as additional terms applicable to the co-membership and the Venue Membership. You understand and agree that Fitverz does not own, operate or control the Venue Membership and is not responsible for the Venue Membership, which is provided entirely by the applicable Venue.
  • Family Members: If you have an active Subscription, you can add a qualifying Family Member (your spouse/life partner or dependent child). A qualifying Family Member will also register for a Fitverz account. You must pay the fees for a Family Member’s Subscription through your Payment Method. These Terms and the Fitverz Privacy Policy apply to any account created by a qualifying Family Member.
  • Subscribing Organizations: If you have express permission from Fitverz to open or use an account on behalf of a company, entity, or organization (a “Subscribing Organization”), then you represent and warrant that you are an authorized representative of such organization with the authority to bind such it to these Terms; and agree to be bound by these Terms on its behalf.
  • Non-Subscription Purchases: Fitverz may permit you to purchase certain products or Services through the Platform, in addition to your subscription or without having a subscription. You acknowledge and agree that these Terms apply to any such purchase you make, and you will be responsible to pay the applicable fees, which may change at any time.
  • Digital Sessions: Fitverz may allow you to access to a variety of audio or video digital sessions from your computer or mobile device, via live stream and/or on demand (“Digital Sessions”). To access these Digital Sessions, you need to comply with certain technical and hardware requirements.
  • Communications: By providing your information or creating an account, you agree that Fitverz may contact you by email, direct mail, telephone or text messages at any of the addresses or phone numbers, as applicable, provided by you or on your behalf in connection with a Fitverz account, including for marketing purposes. You may opt-out of marketing emails via the provided unsubscribe link or otherwise opt-out by contacting us at any time.
  • Accuracy of information: You are responsible for providing us with accurate and complete registration data, and to update it as necessary. You agree that the information you provide to Fitverz at sign up and at all other times will be true, accurate, current, and complete and that you will keep this information accurate and up to date at all times. Fitverz reserves the right to validate your registration data at any time and may request any additional data and documents that Fitverz deems relevant in order to verify your registration data. You may not select as your Fitverz User ID a name that you do not have the right to use, or another person’s name with the intent to impersonate that person. In the event that any registration data is determined in Fitverz’ sole discretion to be incorrect, or that you have otherwise violated these Terms, Fitverz reserves the right to suspend or terminate your account (without compensation or reimbursement) or take other measures as may be necessary and appropriate.
  • Fitness Provider Service Availability and Allocation: Fitverz does not guarantee the availability of particular Fitness Providers, locations, classes, sessions, Digital Sessions, services, experiences, content, inventory, spots or other features, and availability may change over time and at any time (including during the course of any given Subscription Cycle). The type, quantity, allocation and availability of Fitness Providers, classes, Fitness Provider Services, and other inventory offered, are determined by Fitverz in its sole discretion. Fitverz takes certain steps to release, promote and otherwise make available spots and inventory at varying times and in an ongoing and evolving way.

 

  1. Fees, Billing, and Cancellation

You may access our Platform and create an account for free. However, to make use of the facilities or Fitness Provider Services offered through Fitness Providers, you need to purchase a subscription to the Services (“Subscription”) through the Fitverz Platform.

  • Fitness Provider Services: Our Platform includes a list of currently available plans, Fitness Provider Services included in such plans, and the cost of each plan. Any special conditions related to a specific Fitness Provider is stated on the Platform. Fitverz reserves the right to add and remove Fitness Providers from available plans and the Services at any time at our sole discretion.
  • Free Trials: From time to time, we may offer a trial membership that includes access to the Fitverz Platform and Service during the trial period. Trials will have the duration and price communicated at the time you sign up. Unless otherwise communicated, a trial begins at the moment of sign up (even if you choose not to take your first Fitness Provider Service until a later date) and ends at 11:59pm Atlantic Standard Time (UTC -4) on the last day of the trial (for a one-week trial, this would be the same weekday of following week). Each trial membership automatically will convert to a regular monthly subscription and price unless canceled by 12pm Atlantic Standard Time (UTC -4) on the day before the last day of trial. If your Subscription starts with a free trial period, the duration of which is specified during enrollment, WE WILL BILL YOUR DESIGNATED PAYMENT METHOD FOR THE SUBSCRIPTION FEE AT THE END OF THE FREE TRIAL PERIOD, unless you cancel prior to the end of the free trial period. Customers that cancel and do not convert to a regular subscription may not attend Fitness Provider Services taking place after the end of the trial membership period (even if booking occurred before the end of the applicable trial period). Trials, discount offers, and promotions (collectively “Trials”) may be redeemed as described in the specifics of the promotion and may be subject to additional or different terms. By providing your payment details when enrolling in the free trial, you agree that Fitverz may charge the Subscription fee to your designated payment method upon conclusion of the free trial period. Free trials are only available to first-time subscribers. Fitverz reserves the right, in its sole discretion, to determine your free trial eligibility.
  • Unless we expressly communicate otherwise, Trials are not transferable, may not be combined with other offers or redeemed for cash and are void where prohibited. You understand and agree that unless we expressly communicate otherwise, Trials are available only to new users that have never had a Fitverz account before and there is only one Trial permitted per credit card or payment method and it is a violation of these Terms to sign up for a Trial if you have signed up for an account or trial in the past or to have more than one account or trial at the same time. Fitverz reserves the right, in its absolute discretion, to determine your eligibility for a Trial. If in our discretion we believe you are not eligible for a Trial, we reserve the right to prevent you from signing up for a Trial or to terminate your promotional subscription. If we terminate your Trials because you have violated these Terms, you understand that you will not be eligible for a refund.
  • Billing: You will be billed through either payroll deduction or by direct debit or credit card (your “Payment Method”). For credit or debit card billing, we use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your Fitverz account (your “Billing Account”). The processing of such payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms. We are not responsible for error by the Payment Processor. Fitverz outsources all payment processing and business transactions made on this Website to Stripe, Inc. Payment policy is fully subject to the Stripe Payment Terms of Service. For more information, please refer to: https://stripe.com/payment-terms/legal. By choosing to purchase a Subscription, you agree to pay, through the Payment Method, all charges at the prices then in effect for any such Subscription in accordance with the applicable payment terms and you authorize us to charge your chosen Payment Method. We reserve the right to correct any errors or mistakes made in the billing process even if the payment has already been requested or received. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand. Fitverz is not responsible for any taxes that may apply to the purchase of Subscriptions or on the goods and services provided by Fitness Providers. YOU MUST PROVIDE UPDATED CURRENT, COMPLETE AND ACCURATE DATA FOR YOUR BILLING ACCOUNT. CHANGES TO SUCH DATA CAN BE MADE IN YOUR ACCOUNT SETTINGS.
  • Automatic Recurring Billing: By purchasing a Subscription, you agree that, upon expiration of the initial Subscription term, your Subscription will automatically renew for successive periods of the same duration as the initial subscription unless and until you cancel your Subscription. YOU AUTHORIZE FITVERZ TO CHARGE YOUR ACCOUNT USING THE PAYMENT METHOD ON FILE FOR YOU TO PAY FOR ANY RENEWAL SUBSCRIPTION. You will be billed for the same Subscription (or the most similar Subscription, if your prior plan is no longer available) at the then-current applicable Subscription fee plus any applicable taxes. We will process payment for any renewal Subscription using the same billing cycle as your current Subscription. Additional terms and conditions may apply upon renewal, and Subscription fees may change at any time, to the fullest extent permitted under applicable law. You acknowledge that the amount billed each month may vary for reasons that may include differing amounts due to promotional offers and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges. You also authorize us to charge you any other fees you may incur in connection with your use of the Platform, such as any applicable sign-up fee, taxes and cancellation or late fees, as further explained below. Note that even if you do not use the subscription or access the Platform and/or Fitness Provider Services, you will be responsible for subscription fees until you cancel your subscription, or it is otherwise terminated.
  • Price Changes: We reserve the right to adjust pricing at any time. Unless we expressly communicate otherwise, any price changes to your subscription will take effect on your next billing cycle upon notice communicated through a posting on the Fitverz website or mobile applicable or such other means as we may deem appropriate from time to time, such as email. If you do not cancel your subscription, you will be deemed to have accepted these new fees.
  • Subscription Cycle: When you sign up and purchase your Fitverz subscription, your first Subscription Cycle will be billed immediately. Unless we expressly communicate otherwise, your subscription will automatically renew each month and you will be billed on the same date each month. We reserve the right to change the timing of our billing (and if we do, we’ll make adjustments to the amounts we charge, as appropriate). In the event your paid subscription began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your Fitverz membership or became a paying member on January 31st, your next payment date is likely to be February 28th, and your Payment Method would be billed on that date. Your renewal date may change due to changes in your subscription.
  • Subscription Cancellation: Unless your employer mandates a different cancellation policy, you may cancel your Subscription at any time by cancelling under your profile/my account/ my plan after which Fitverz will not automatically renew your subscription. If you cancel at least 48 hours in advance of your billing date, you will not be charged. Your plan will remain active until the next billing date. Note that if you do terminate your subscription, we reserve the right to charge a reactivation fee if you want to return to Fitverz in future months or to restrict your access in future months. If you cancel your subscription or it is terminated for any reason, you will lose access to all Fitness Provider Services, content or features available through the subscription.
  • If you have cancelled your account or modified any data on your account by mistake, contact us immediately at hola@fitverz.com. We will try to help, but unfortunately, we can’t promise that we can recover or restore anything and shall not be liable to you for such accidental cancellation or modifications.
  • Membership Refunds: Generally, our fees (including the monthly fee for your membership and any other fees) are nonrefundable unless we specifically communicate otherwise at the time of purchase. However, we will provide a refund to subscribers for their current prepaid subscription period only if your subscription is cancelled prior to the end of a period for which you have incurred a charge, due to your relocation, disability or death; provided, however, in each case we reserve the right to charge a fee to cover the cost of any class or session or other services or products you may have used or received prior to your cancellation and to ask for proof of such changed conditions, to the extent permitted by law. WE DO NOT PROVIDE REFUNDS OR MAKE GOODS FOR ANY PRIOR MONTHS INCLUDING FOR UNUSED FITNESS PROVIDER SERVICES.
  • Provider Memberships and On-demand Products and/or Services Refunds. Digital Sessions and On-demand Services are non-refundable unless the Provider decides to cancel that specific Memberships or On-demand Product or Service. However, we may be able to give you a refund or waive the cancellation penalties if you have to cancel because of an unexpected circumstance that’s out of your control, to our sole discretion. Below is a list of circumstances covered by our Extenuating Circumstances Policy. Before you cancel, check that your circumstance is included in the list below and that you can provide the required documentation. Penalty-free cancellations are only available for extenuating circumstances that occur before the official date for your reserved Digital Session and/or On-demand Service.
  • Death of a Fitness Provider, User, or immediate family member, or caregiver.
  • Unexpected serious illness or injury affecting a Fitness Provider or User. You’ll be asked to provide a statement from a physician confirming that the person can’t offer the Fitness Provider Services or attend a Digital Session or On-demand Service due to an unexpected, serious illness or injury.
  • Government-mandated obligations including jury duty, travel restrictions, court appearances, and military deployment. You’ll be asked to provide a copy of the official notice dated after the reservation was booked, including the name of the person fulfilling the obligation.
  • Unforeseen property damage, maintenance, and amenity issues to the Fitness Provider or User facility that makes it unsafe to host the Fitness Provider Service, or that prevents Users from accessing basic amenities like running water.
  • Transportation disruptions that make it impossible to travel to the designated facility for offering the Fitness Providers Service, including road closures.
  • Natural disasters, terrorist activity, and civil/political unrest that prevent the Fitness Provider from traveling to or from the designated destination, or that make it unsafe to offer the Fitness Provider Services.
  • Essential utility outages that affect Fitness Provider facility.

If you’ve confirmed your circumstance meets the requirements above and falls under a recognized extenuating circumstance, contact us at hola@fitverz.com.

  • Payment Methods: You may edit your Payment Method information by logging onto our Platform and editing it in your account settings. If a payment is not successfully settled due to expiration, insufficient funds or otherwise, you nonetheless will remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method or any other payment method you have provided, as it may be updated, including in the event you attempt to create a new account, reactivate the unsettled account or sign up for a new account. This may result in a change to your payment billing dates. If we cannot charge your account, we reserve the right, but are not obligated, to terminate your access to our Platform or any portion thereof.
  • Fees Charged by Fitness Providers: In addition to the fees we charge, Fitness Providers may also charge equipment or other amenity fees that you will be responsible for directly. For example, some Fitness Providers might charge extra to rent a yoga mat or cycling shoes. Further, Fitverz only gives you access to the Fitness Provider Service for which you signed up on the Platform (and at the specified time and location). The Fitness Provider may have additional fees for use of additional classes, sessions or spaces.
  • Third-Party Fees for Using Fitverz: You are also responsible for all third-party charges and fees associated with connecting to and using the Platform and/or Services, including fees such as internet service provider fees, telephone and computer equipment charges, sales tax and any other fees necessary to access the Platform and/or Services.

 

  1. Promotions

 

  • Gift Cards: From time to time we may make available gift cards for Fitverz memberships. Gifts purchased in the U.S. are issued by Fitverz LLC, gifts purchased outside of the U.S. are issued by the relevant Fitverz LLC affiliate (referred to as “Fitverz,” we,” “us” or “our”). By purchasing a Gift, accepting and retaining a Gift, or using a Gift, you agree to these terms and conditions. We reserve the right to change, amend or terminate the format, elements, and terms and conditions of the Gift program at any time with or without notice in our sole discretion. You agree to such changed or amended terms and conditions after they have been posted to the www.fitverz.com website (or any mobile version thereof).
  • Gift Membership Subscription Requirements: Fitverz offers a subscription membership that automatically renews each month until cancelled and Digital Sessions, On-demand Services and/or products. A Gift may be used toward any Fitverz membership, service and/or product offered through the Platformn countries where Fitverz is offered and in the currency the Gift was purchased in and may not be applied to other fees such as late cancellation/missed class or session fees or add-on packs. Each Gift recipient (“Recipient”) will be required to provide a credit card (or other payment method we may accept) for late cancellation/missed Fitness Provider Services fees, any remaining membership fee applicable after the Gift amount is applied and for recurring monthly subscription fees. Each Fitverz subscription will automatically renew and Recipient will be charged the standard monthly rate until they cancel. If Recipient does not wish to continue their membership they may cancel at any time as set forth in the Terms of Use.
  • Shortages/Overages: If the Gift is for insufficient funds to cover the price of a full month of the Fitverz membership the Recipient wishes to use (for example, if Recipient redeems for a membership at a higher price point than the value of the Gift), then at the time of redemption Recipient must pay the difference by credit card or other payment method we may accept. If the Gift is for an amount that is greater than the monthly rate for the membership redeemed, the difference may be applied to the Recipient’s next or future subscription month(s).
  • Eligibility: In order to redeem a Gift and sign up for a Fitverz membership, Recipient must be at least 18 years old, agree to the Fitverz Terms of Use and Privacy Policy, provide a valid payment method and have access to the Internet.
  • Redemption: Fitverz will electronically deliver a redemption code to the email address provided by the Gift purchaser. After a Gift is purchased, the value of the Gift cannot be increased, and the entire amount of the Gift must be redeemed at one time. Gift membership begins the day Recipient redeems the Gift. IN THE EVENT A GIFT CODE IS NON’ FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, WILL BE THE REPLACEMENT OF THAT GIFT CODE.
  • Restrictions: Resale of the Gift or use for unauthorized advertising, marketing, sweepstakes or other promotional or commercial purposes is strictly prohibited. Gifts may not be combined with other offers. Your right to use the Gift is limited, subject to the Gift Terms, the Fitverz Terms of Use and applicable law. We are not responsible for pricing, typographical, or other errors and reserve the right to cancel any orders resulting from such errors. The Gift is not a credit card and cannot be used as one. Fitverz reserves the right to limit the number of Gifts an individual may purchase or redeem.
  • No Expiration Date/Service Charges: The Gift carries no expiration date, service charges or dormancy fees.
  • Refunds/Replacements/Risk of Loss: Protect the Gift as if it were cash and safeguard the Gift from unauthorized use. Except in special circumstances or where required by law, Gifts are not refundable. Gift will not be refunded or replaced if lost, stolen, mutilated or damaged and may not be redeemed for cash, except where required by law. The risk of loss and title for Gifts pass to the purchaser upon our electronic transmission of the Gift to the purchaser or designated recipient.
  • Misuse of the Card: If we suspect any fraud or misuse in connection with a Gift, we reserve the right in our discretion to suspend or terminate use of the Gift. We may cancel the Gift at any time, without notice.
  • General Terms: The Fitverz Terms of Use and Privacy Policy apply to Gifts and any disputes arising out of a Gift or the Gift Terms will be resolved in accordance with the Terms of Use.
  • Promotional Cards: These terms and conditions do not apply to gift cards or other stored value cards that are given away free with a purchase, or distributed as a reward, incentive, or as part of a marketing, promotional or customer loyalty program (“Promotional Cards”). Promotional Cards may have expiration dates to the extent permitted by applicable law. Other than gifting a gift card as described in the gift card terms, you may not gift Services or Fitness Provider Services to third parties and your use of Fitverz is personal to you.
  • Other Promotions: Fitverz may offer additional types of offers and promotions which will be subject to additional terms and conditions that Fitverz may provide.

 

  1. Fitness Provider Services

 

  • After purchasing a Subscription, you can access any Fitness Provider Service included in your Subscription Plan. You will be entitled to a single entrance at one facility or Digital Session from one Fitness Provider per day. You must follow the procedures, policies and usage rules made available to you by the Fitness Provider. Depending on the type of activity or facility, the following may apply:

 

  • Classes have a specific duration and often need to be booked in advance.
  • Operating hours of the Fitness Provider may vary.

We recommend that you contact the Fitness Provider before your first visit or go to the “Activity page” of our Platform.

  • Accessing the facility: When you arrive at a facility, you will need to check in before you can enter, either through the Fitverz Platform, and also comply with any entry prerequisite that the Fitness Provider requires such as reviewing and signing a waiver. The facility receptionist will need to confirm your check-in details and your identity, through an ID or a picture uploaded on the Platform. The Fitness Provider will check that you match with the picture available. If there is no picture available, the Fitness Provider may take a picture of the member for future verifications. If the check-in information is not correct (different person, different Fitness Provider Service or different date/time), you will not be able to use the Fitness Provider Service. This does not apply in the context of Fitness Provider Services offered virtually, if not practicable.
  • Delivery of services: Fitverz is responsible solely for electronically delivering a proof of Subscription. You acknowledge and agree that any Fitness Provider classes and services are published on the Fitverz website on behalf of the Fitness Providers, and the Fitness Providers are solely responsible for the delivery, quality, quantity, condition, existence, legitimacy, integrity and regulatory compliance of the fitness or health services offered, as well as the accuracy of the Fitness Provider’s description of its services and facility on the Fitverz website.

 

  1. Booking

 

  • Reservation and Cancellation of Fitness Provider Services: As a Fitverz user, you must reserve and cancel your Fitness Provider Services only through the Platform or app. It is a breach of these Terms if you reserve or cancel directly with a Fitness Provider, including through any online or mobile account you have with a Fitness Provider, independent of Fitverz. If you reserve or cancel directly with such Fitness Provider, we reserve the right to charge you the full amount that the Fitness Provider charges for such session and/or any applicable cancellation fees, and/or to suspend or terminate your subscription.
  • Booking Fitness Provider Services and Digital Sessions: You should carefully review the description of any Fitness Provider Service and/or Digital Session you intend to book to ensure you meet any minimum age, proficiency, fitness or other requirements which the Fitness Provider has specified in their listing. At your sole discretion you may want to inform the Fitness Provider of any medical or physical conditions, or other circumstances that may impact your ability to participate in any Fitness Provider Service or Digital Session. You are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to your participation in a Fitness Provider Service or Digital Session.
  • Before and during Fitness Provider or Digital Session, you must at all times adhere to the Fitness Provider’s instructions.

 

  1. Class / Fitness Provider Services, Digital Sessions and “On-demand” Services cancellation policy.

 

The booking and class cancellation policies, which are set by each individual Fitness Provider and may vary by Fitness Provider and location, will be specified in the Fitness Provider’s page on the Fitverz website.

 

  • Early cancellation: There is no penalty for early cancellation of a class booking provided that you comply with the Fitness Provider’s cancellation policy.
  • Late cancellation/No Show: Late cancellation is cancellation of a class after the allowable cancellation period specified by the Fitness Provider. No show is failure to appear for a booked class. Both late cancellation and no show will forfeit your check-in at any Fitness Provider for that day. FEES MAY BE CHARGED FOR LATE CANCELLATION OR FAILURE TO SHOW. FEES VARY BUT WILL BE DISCLOSED AT THE SERVICE BOOKING PAGE.
  • Digital Sessions and On-demand Service cancellation policy. For a full refund, cancel at least 12 hours before the Digital Session or On-demand Service is scheduled to start. If you reschedule an experience, the cancellation policy is based on the original purchase time and original start date of the experience. Cancellations that do not comply with these terms and conditions will not be considered for any refund, raincheck or related mechanisms. For refund policy, please refer to Section 8.11.

 

 

  1. Digital Sessions User Release and Waiver

 

  • To participate in a Digital Session, your Fitness Provider requires you to accept this User Release and Waiver, which is effective between You and your Fitness Provider as of the date when you book or participate in a Digital Session, whichever happens first. You represent that you are 18 years of age or older. If a minor attends a Digital Session as an unregistered user, you acknowledge and agree that you are solely responsible for the supervision of that minor throughout the duration of your Digital Session, and have read this User Release and Waiver and agree to it on the minor’s behalf. You may not book a Digital Session on behalf of another person(s). Fitverz may offer Digital Sessions independently or in partnership with certain fitness and/or wellness professionals, in which case the limitation of responsibility and disclaimer of warranties in this Section and Section 18 will apply to Fitverz and operate in full force, even if is not expressly stated. Digital Sessions offered exclusively by Fitness Providers are solely offered by your selected Fitness Provider.
  • Assumption of Risks: You understand and acknowledge that the Digital Session you sign up to do may be hazardous and may carry the risk of injury or illness, including sickness, physical injury, property damage, disability, permanent paralysis, and death.
  • TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU KNOWINGLY, VOLUNTARILY AND FREELY ASSUME ALL RISKS, BOTH KNOWN AND UNKNOWN, OF PARTICIPATING IN EACH DIGITAL SESSION, INCLUDING EACH EXPERIENCE IN YOUR IMMERSIVE EXPERIENCE, EVEN IF THOSE RISKS ARISE FROM THE NEGLIGENCE OR CARELESSNESS OF THE HOST OR OTHERS, OR DEFECTS IN THE EQUIPMENT, PREMISES, OR FACILITIES USED DURING THE EXPERIENCE, OR OTHERWISE, AND YOU ASSUME FULL RESPONSIBILITY FOR PARTICIPATION IN THE DIGITAL SESSION.
  • Release and Waiver: You acknowledge and agree that:
    • You have reasonably assessed the risks involved in the Digital Session and have made an informed and voluntary choice to participate.
    • You alone, and not Fitverz nor your Fitness Provider(s), are responsible for determining your fitness for participating in the Digital Session(s) and your ability to fully understand any directions or warnings presented.
    • You will not participate in any Digital Session when you have a physical, medical, or mental limitation or disability, or when you are aware or should reasonably be aware of any factors that may limit or prevent you from safely participating in that physical activity portrayed in the Digital Session.
    • You will act reasonably and responsibly and will comply with any provided and customary conditions, directions, and/or precautions for participation in the Digital Session. If you notice any hazard during any given Digital Session, you will stop participating in the Digital Session immediately.
  • TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU RELEASE AND PROMISE NOT TO SUE YOUR FITNESS PROVICER OR FITVERZ FOR ANY CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES (WHETHER ECONOMIC OR NON-ECONOMIC), DAMAGES, EXPENSES, COSTS OR LIABILITY OF ANY NATURE WHATSOEVER ARISING FROM OR IN CONNECTION WITH YOUR EXPERIENCE(S), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY.
  • You intend this User Release and Waiver to be a complete and unconditional release of all liability to the greatest extent allowed by law. You agree that if any portion of this Waiver and Release is held to be invalid, the balance notwithstanding shall continue in full force and effect.
  • Disclaimer of Warranties: To the maximum extent permitted by law, we, and Fitness Providers provide the Digital Sessions “as is,” without warranties of any kind, whether express or implied. Without limiting the foregoing and to the maximum extent permitted by law, fitness providers expressly disclaim any warranties of safety, fitness for a particular purpose, quiet enjoyment, and as to the adequacy of the directions and warnings provided to you. WE, OUR AFFILIATES, OUR FITNESS PROVIDERS, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS, MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT (INCLUDING THE USER CONTENT), INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, OR RELIABILITY.

IF YOU CHOOSE TO USE THE SERVICES, YOU DO SO AT YOUR SOLE RISK.  FITVERZ EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. FITVERZ MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.

WE AND FITNESS PROVIDERS OFFER FITNESS PROVIDERS SERVICES “AS IS” AND “AS AVAILABLE.” FITVERZ DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, FITVERZ MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. FITVERZ DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD-PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

  • Indemnification: You agree that if, despite this User Release and Waiver, you or anyone on your behalf make a claim against Fitverz relating to an Digital Session, you will indemnify and hold Fitverz harmless from any liability, demand, loss, damage, or costs which the Fitverz may incur as the result of such claim. You affirm that you HAVE READ THIS USER RELEASE AND WAIVER AND FULLY UNDERSTAND THE ASSUMPTION OF RISK, RELEASE, WAIVER, AND CONSENT CONTAINED IN IT. YOU FURTHER UNDERSTAND THAT YOU HAVE GIVEN UP RIGHTS BY AGREEING TO THESE TERMS, AND HAVE DONE SO FREELY AND VOLUNTARILY AND WITHOUT INDUCEMENT.

 

  1. Termination or modification by Fitverz

 

  • You understand and agree that, at any time and without prior notice Fitverz may (i) terminate, cancel, deactivate, disable, delete and/or suspend your subscription, your account, any orders placed, or your access to or use of the Platform, your membership and/or Fitness Provider Services (or any portion thereof, including but not limited to your access to any or all Fitness Providers or classes or services) and/or (ii) discontinue, disable, suspend, modify or alter any aspect, feature or policy of the Platform, including of your subscription. This includes the right to terminate or modify any subscription prior to the end of any pre-paid or committed period. Upon any termination or otherwise, we may immediately deactivate your account and all related information and/or bar any further access to your account information and the Platform. Fitverz shall have no liability for, and you shall have no recourse for, any such termination or deactivation, except as set forth in the following sentence. If you are a subscriber, then upon any such termination by us without cause, as your sole recourse, we will issue you a pro rata refund of the prepaid portion of your subscription applicable to future unused classes or services (less any fees or costs for classes or services already used). If we determine that you have violated these Terms or otherwise engaged in illegal or improper use of your membership, Fitness Provider Services and/or the Platform, you will not be entitled to any refund and you agree that we will not be responsible to pay any such refund. You agree that Fitverz will not be liable to you or any Third-Party for any termination or modification to the service regardless of the reason for such termination or modification. You acknowledge that your only right with respect to any dissatisfaction with any modification or discontinuation of service made by us is to cancel or terminate your subscription. If Fitverz deletes your account for these reasons, you may not re-register for or use the Platform and/or Fitness Provider Services under any other username, email, payment method or profile. Fitverz may block your access to the Platform to prevent re-registration.

 

  1. User content

 

  • General: The Platform provides certain features which enable you and other users to submit, post, and share content, which may include without limitation text, graphic and pictorial works, or any other content submitted by you and other users through the Platform (“User Content”). Fitverz does not guarantee any anonymity or confidentiality with respect to any User Content, and strongly recommends that you think carefully about what you upload to, share with or make accessible to the Platform. You understand and agree that User Content may be made public without any additional notice to or consent by you and you should assume that any person (whether or not a user of Fitverz’ Platform and Service), including any Fitness Provider, may read or have access to your User Content. Fitverz is not responsible for the use or disclosure of any information that you disclose in connection with User Content, including any personal information. User Content is displayed for information purposes only and reflect the opinions of the person making the content. They are not controlled by, and may not reflect the opinion of, Fitverz. You understand that all User Content is the sole responsibility of the person from whom such User Content originated. This means that you, and not Fitverz, are entirely responsible for all User Content that you upload, post, email, transmit, or otherwise make available through the Platform. Fitverz cannot guarantee the identity of any users you may interact with through the Fitness Provider Services. Fitverz is not liable for any errors or omissions in such content, misrepresentations by other users, or for any damages or loss you might suffer in connection with such content or interactions.
  • The Platform may contain links or connections to Third-Party websites or services that are not owned or controlled by Fitverz. When you access Third-Party websites or use Third-Party services, you accept that there are risks in doing so, and that Fitverz is not responsible for any third-party content or services.
  • Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You agree that Fitverz shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
  • Right to Remove or Edit User Content: Fitverz makes no representations that it will publish or make available on the Platform any User Content, and reserves the right, in its sole discretion, to refuse to allow any User Content on the Platform, or to edit or remove any User Content at any time with or without notice. Without limiting the generality of the preceding sentence, Fitverz complies with the Digital Millennium Copyright Act, and will remove User Content upon receipt of a compliant takedown notice. Fitverz may, but is not obligated to, monitor and edit or remove any activity or content, in whole or in part, including but not limited to content that Fitverz determines in its sole discretion to violate the standards of this Platform. Fitverz takes no responsibility and assumes no liability for any User Content.
  • License Grant by You to Fitverz: Anything you post, upload, share, store, or otherwise provide on or through the Platform(including, but not limited to pictures, ratings, reviews and other content to be shown on the Fitverz website) is “User Content”. You retain all your ownership rights in original aspects of your User Content. By submitting User Content to Fitverz, you hereby grant Fitverz and its affiliates, sublicensees, Fitness Providers, designees, and assignees of the Platform (collectively, the “Fitverz Licensees”) a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce (including by making mechanical reproductions), distribute, modify, adapt, translate, prepare derivative works of, publicly display, publish, publicly perform, communicate to the public, make available, create derivative works from, and otherwise exploit (collectively, “ Use”) all or any part of all User Content and derivatives thereof in connection with the Platform and Fitverz’s (and its successors’) business, for any purpose, including, without limitation, the purposes of (i) advertising, marketing, and promoting Fitverz and the Services; (ii) displaying and sharing your User Content to other users of the Services; and (iii) providing the Services. You further grant Fitverz a royalty-free license to use your username, image, voice, and likeness to identify you as the source of any of your User Content.
  • User Content Representations and Warranties: You are solely responsible for your own User Content and the consequences of posting, sharing, displaying, publishing them or otherwise making them available. In connection with User Content, you affirm, represent, and warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize Fitverz to use all patent, trademark, copyright, or other proprietary rights in and to your User Content to enable inclusion and use of your User Content in the manner contemplated by Fitverz and these Terms, and to grant the rights and license set forth above, and (ii) your User Content, Fitverz’ or any Fitverz Licensee’s use of such User Content pursuant to these Terms, and Fitverz’ or any of Fitverz Licensee’s exercise of the license rights set forth above, do not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) contain any material that is illegal, threatening, obscene, racist, defamatory, libelous, hateful, pornographic, purposely false or otherwise injurious to third parties, promotional in nature, promotes any illegal activity or harm to groups or individuals, or consists of or contain software, computer viruses, commercial solicitation, political campaigning, chain letters, mass mailings, any form of “spam” or references to illegal activity, malpractice or false advertising; (c) violate any applicable law or regulation or these Terms or; (d) exploits minors; or (e) require obtaining a license from or paying fees or royalties to you or any Third-Party for the exercise of any rights granted in these Terms, including, by way of example and not limitation, the payment of any royalties to any copyright owners, including any royalties to any agency, collection society, or other entity that administers such rights on behalf of others.
  • Inaccurate or Offensive User Content: You understand that when using the Platform, you may be exposed to User Content from a variety of sources and that Fitverz does not endorse and is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable. YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST FITVERZ WITH RESPECT THERETO.
  • Feedback: You may be required to rate your Services, Fitness Provider Services, and/or other Fitverz classes that you reserve. If you provide Fitverz with any ratings, comments, bug reports, feedback, or modifications proposed or suggested by you to the Platform (“Feedback”), Fitverz shall have the right to use such Feedback at its discretion, including, but not limited to the incorporation of such suggested changes into the Platform. You hereby grant Fitverz a perpetual, irrevocable, nonexclusive license under all rights necessary to incorporate and use your Feedback for any purpose without notice to, consent by or compensation to you or any Third-Party.
  • Infringing or Illegal Activity: In the event of infringing or other illegal activities, we have no obligation to, but reserve the right to terminate access to the Platform and remove all content submitted by any persons who are found to be infringers. Any suspected illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Fitverz may have at law or in equity.

For the Content displayed or performed or available on or through the Services, you promise to abide by all copyright notices, trademark rules, data regulations, and restrictions contained in any Content you access through the Services, and you agree not to use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Fitverz’) rights.

The provisions set-forth in this Section do not intend to limit the liability of Fitverz in circumstances in which the applicable law of a User’s home country or state prevents Fitverz from limiting such liability.

 

  1. Ownership, Intellectual Property rights and content

 

  • The Fitverz Platforms are owned and operated by Fitverz LLC. The content, recordings, visual interfaces, graphics, design, compilation, information, computer code, products, software (including any downloadable software), or any music, images, video, text, services, and all other material or elements of or available through the Platform provided by Fitverz (“Content”) are protected by the copyright, trade dress, patent, and trademark laws of the United States, the Commonwealth of Puerto Rico and other countries, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for your User Content, all Content contained on the Platform is property of Fitverz or its subsidiaries or affiliated companies and/or third-party licensors. Content generated by Fitness Providers may be subject to other licensing agreement(s). All trademarks, service marks, and trade names are proprietary to Fitverz or its affiliates and/or third-party licensors whether registered or unregistered and may not be used in connection with any product or service or in any manner that is likely to cause confusion as to our endorsement, affiliation or Sponsorship of any person, product or service. Except as expressly authorized by Fitverz, you agree not to sell, license, distribute, copy, modify, download, record, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Content and may only access the Content for your personal, non-commercial use. In the event that Content are downloaded to your computer or mobile phone, you do not obtain any ownership interest in such Content. All rights not expressly granted in these Terms are reserved.
  • By installing, copying, or otherwise using the Platform or its software, you acknowledge that you have read and understood these Terms, and agree to be bound by its terms and conditions. If you do not agree to (or cannot comply with) the terms and conditions of this Agreement, do not install, copy, or use the Platform or Content.
  • You shall not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services and/or materials on the Platform. You may only (i) store copies of such materials in RAM incidental to your accessing and viewing those materials; (ii) store files that are automatically cached by your Web browser for display enhancement purposes and; (iii) print one copy of a reasonable number of pages of the Website for your own use and not for further reproduction, publication or distribution. You must not Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
  • Fitverz hereby grants you a personal, limited, revocable, non-transferable license to access and use the Services solely for your personal, non-commercial use. Fitverz reserves all rights not expressly granted to you. You agree that you will not, for any reason whatsoever, reverse engineer, decompile, disassemble, or otherwise tamper with any security components, usage rules or other protection measures applicable to the Platform or Content. You agree to abide by the rules and policies established from time to time by Fitverz. Such rules and policies will be applied generally in a nondiscriminatory manner to users of the Platform and software, and may include, for example, required or automated updates, modifications, and/or reinstallations of the software and obtaining available patches to address security, interoperability, and/or performance issues.
  • You agree not to make any use of the Content that would infringe the copyright therein.
  • The Platform and any related software may enable you to obtain, listen to, view, and/or read (as the case may be) Content that may be obtained by you in digital form, and you shall do so solely for your individual, personal, noncommercial entertainment use.
  • You agree not to share your Fitverz account with anyone other than yourself nor will you allow anyone other than yourself to access or use any Content accessible on or through the Platform, including but not limited to sound recordings and/or musical compositions. You agree that you will not attempt to modify any software or Content obtained through the Platform for any reason whatsoever, including for the purpose of disguising or changing any indications of the ownership or source of the Content. You further understand that you are not granted any commercial, sale, resale, reproduction, distribution, or promotional use rights for the Content, or any rights for uses that require a synchronization or public performance license with respect to the underlying musical composition and any unauthorized reproduction or distribution of Content is expressly prohibited and may violate applicable law. You are not permitted to modify, edit or repurpose any Content.
  • You represent, warrant and agree that you are using the Platform hereunder for your own personal, noncommercial entertainment use and not for redistribution or transfer of any kind. You agree (a) not to redistribute, broadcast, publicly perform or publicly display any Content, or otherwise transfer any Content obtained through the Platform, (b) you will comply with all applicable laws in your use of the Content, (c) that you will remain a resident of the United States for the duration of your use of the Platform.
  • You understand and agree that the Content may be owned by Fitverz or by third parties. However, in all circumstances, you understand and acknowledge that your rights with respect to Content will be limited by copyright law. All owners and Fitness Providers of Content expressly reserve their rights in and to such Content and you are not permitted to infringe on the rights of the copyright owner(s) of the Content, including but not limited to any sound recordings or musical compositions.
  • Fitverz and/or the owners of the Content may, from time to time, remove Content from the Platform without notice.
  • The owners of Content are intended beneficiaries of this Agreement and shall have the right to enforce this Agreement against you.
  • The Platform, including all software, Content and other information, materials and products included on or otherwise made available to you through the Platform and Service are provided “as-is” and “as available” without warranties of any kind from Fitverz or any owners of Content. To the fullest extent permissible by applicable law, Fitverz and all owners of Content disclaim all warranties, express or implied, including, but not limited to, the implied warranty of merchantability and fitness for a particular purpose. Neither Fitverz nor any owner of Content warrants that the Platform or any software, Content, information, materials or products included on or otherwise made available to you through the Platform are free of viruses or other harmful components.
  • NEITHER FITVERZ NOR ANY OWNER OF CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM THE USE OF THE PLATFORM OR FROM SOFTWARE, CONTENT, INFORMATION, MATERIALS OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PLATFORM, OR FOR ANY DAMAGES IN EXCESS OF THE AMOUNT PAID FOR THE SPECIFIC ITEM OF CONTENT GIVING RISE TO THE APPLICABLE CLAIM FOR DAMAGES.
  • IF YOU PRINT, COPY, MODIFY, DOWNLOAD OR OTHERWISE USE ANY PART OF THE SERVICE IN BREACH OF THESE TERMS, YOUR RIGHT TO USE THE SERVICE WILL CEASE IMMEDIATELY AND YOU MUST, AT OUR OPTION, RETURN OR DESTROY ANY COPIES OF THE MATERIALS YOU HAVE MADE.
  • Trademarks: The Company name, the terms “Fitverz”, 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 this Website are the trademarks of their respective owners.

 

  1. Third-party sites, products & services and links

 

  • The Platform may include links or access to other web sites or services (“Linked Sites”) solely as a convenience to users. Fitverz does not endorse any such Linked Sites, or the information, material, products, or services contained on other linked sites or accessible through other Linked Sites. Furthermore, Fitverz makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through linked sites. ACCESS AND USE OF LINKED SITES, INCLUDING THE INFORMATION, MATERIAL, CONTENT, PRODUCTS, AND SERVICES ON LINKED SITES OR AVAILABLE THROUGH LINKED SITES, IS SOLELY AT YOUR OWN RISK.
  • Sometimes promotional plans are offered in conjunction with the provision of third-party products and services. We are not responsible for the products and services provided by such third parties and use of such products and services is at your own risk.
  • Your correspondence or business dealings with, or participation in promotions of, third parties found on or through the Platform are solely between you and such Third-Party. YOU AGREE THAT FITVERZ WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH THIRD PARTIES ON THE PLATFORM.
  • Electronic Signatures and Agreements: You acknowledge and agree that by clicking on the button labeled “CONFIRM PURCHASE,” “SUBMIT”, “DOWNLOAD”, “PLACE MY ORDER”, “I ACCEPT”, “PAY”, or such similar links as may be designated by Fitverz to accept the terms and conditions of these Terms, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by these Terms. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE PLATFORM OR SERVICES OFFERED BY FITVERZ. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments by other than electronic means.

 

  1. Disclaimers

 

  • Due Authority: Each party represents and warrants that it has the legal power and authority to enter into this Agreement, and that, if you are an entity, this Agreement and each Order is entered into by an employee or agent of such party with all necessary authority to bind such party to the terms and conditions of this Agreement.
  • Warranty Disclaimer: To the fullest extent allowed by applicable law, neither Fitverz nor its licensors, suppliers or Fitness Provider partners make any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the classes or Services.
  • CLASSES AND OTHER NON-FITVERZ PRODUCTS AND SERVICES MADE AVAILABLE VIA THE PLATFORM ARE PROVIDED BY THIRD PARTIES (AND THE SUBSTANCE OR DESCRIPTIONS OF THE FOREGOING POSTED ON THE PLATFORM ARE PROVIDED BY SUCH THIRD PARTIES), NOT FITVERZ. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, YOUR USE OF THE PLATFORM AND YOUR ATTENDANCE AT, PARTICIPATION IN, PURCHASE AND/OR USE OF THE FITNESS PROVIDER SERVICES, IS SOLELY AT YOUR OWN RISK. WE DO NOT ASSUME ANY LIABILITY OR MAKE ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ARISING OUT OF, IN CONNECTION WITH OR WITH RESPECT TO THE PLATFORM AND/OR FITNESS PROVIDER SERVICES.
  • IN NO EVENT SHALL FITVERZ BE LIABLE FOR ANY ACT, ERROR OR OMISSION BY ANY THIRD-PARTY, INCLUDING, WITHOUT LIMITATION, ANY WHICH ARISES OUT OF OR IS ANY WAY CONNECTED WITH A USER’S ATTENDANCE, USE OF OR PARTICIPATION IN A SESSION OR PRODUCT, OR THE PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD-PARTY. FITVERZ IS NOT AN AGENT OF ANY THIRD-PARTY.
  • ALL ASPECTS OF OR CONTENT OR FEATURES AVAILABLE THROUGH THE PLATFORM AND/OR FITNESS PROVIDER SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FITVERZ, ON BEHALF OF ITSELF AND ITS SUPPLIERS AND FITNESS PROVIDERS, DISCLAIMS AND EXCLUDES ALL WARRANTIES, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
  • WITHOUT LIMITING THE FOREGOING, FITVERZ DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS (i) THAT THE PLATFORM AND/OR ANY SESSION IS SUITABLE FOR YOU OR WILL MEET YOUR PERSONAL NEEDS, (ii) REGARDING THE ADEQUACY OR SAFETY OF ANY SESSION OR RECOMMENDATION, (iii) THAT THE PLATFORM AND/OR ANY SESSION, OR ANY ASPECT THEREOF, WILL BE AVAILABLE OR PERMITTED IN YOUR JURISDICTION, (iv) THAT THE PLATFORM, OR ANY ASPECT THEREOF, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE PLATFORM OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (v) REGARDING THE USE OF THE PLATFORM AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE PLATFORM IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. ANY MATERIAL, CONTENT OR DATA THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE PLATFORM IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM THE DOWNLOAD OF SUCH MATERIAL, CONTENT OR DATA.
  • CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS SET FORTH IN THESE TERMS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. TO THE EXTENT ANY DISCLAIMER OR LIMITATION OF LIABILITY DOES NOT APPLY, ALL APPLICABLE EXPRESS, IMPLIED, AND STATUTORY WARRANTIES WILL BE LIMITED IN DURATION TO A PERIOD OF 30 DAYS AFTER THE DATE ON WHICH YOU FIRST USED THE PLATFORM, AND NO WARRANTIES SHALL APPLY AFTER SUCH PERIOD.
  • Waiver and Release:FITVERZ IS NOT RESPONSIBLE FOR THE QUALITY OF ANY SESSION PROVIDED BY A VENUE OR THIRD-PARTY (INCLUDING BUT NOT LIMITED TO THE FACILITY, INSTRUCTOR OR CURRICULUM). YOU ARE SOLELY RESPONSIBLE FOR DETERMINING WHETHER THE SESSION OR RECOMMENDATIONS AVAILABLE ON OR THROUGH THE PLATFORM AND/OR FITNESS PROVIDER SERVICES ARE RIGHT FOR YOU.
  • Fitness Provider Waivers and Terms: Members taking Fitness Provider Services are deemed to agree to the liability waivers and terms of individual Fitness Providers. Your participation in any class or Session may be subject to addition policies, rules or conditions of the applicable Fitness Provider and you understand and agree that you may not be permitted to reserve or attend Fitness Provider Services if you do not comply with these Terms or the policies of the Fitness Providers or as otherwise determined by a Fitness Provider. If you have questions about a Fitness Provider’s waiver or other terms, please see the applicable Fitness Provider’s website or contact the Fitness Provider directly.
  • FITVERZ DOES NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY THIRD-PARTY FACILITY OF A FITNESS PROVIDER AND YOU EXPRESSLY WAIVE AND RELEASE THE COMPANY FROM ANY AND ALL LIABILITY, CLAIMS, OR DAMAGES ARISING FROM, OR IN ANY WAY RELATED TO, THE FACILITY OF A FITNESS PROVIDER. YOU ACKNOWLEDGE THAT FITVERZ DOES NOT MONITOR THE FACILITIES OR EQUIPMENT OF ANY FITNESS PROVIDER, NOR MONITOR ITS ONGOING COMPLIANCE WITH ANY AND ALL RULES OR REGULATIONS, AND FITVERZ WILL NOT BE RESPONSIBLE FOR ANY LIABILITY, CLAIM, OR DAMAGE ARISING FROM OR, IN ANY WAY RELATED TO, A FITNESS PROVIDER’S FAILURE TO MAINTAIN ANY REQUIRED LICENSE ANY/ OR PERMIT. FITVERZ WILL NOT BE A PARTY TO DISPUTES OR NEGOTIATIONS OF DISPUTES BETWEEN YOU AND A FITNESS PROVIDER. FITVERZ WILL NOT ASSESS THE SUITABILITY, LEGALITY, OR ABILITY OF ANY SUCH THIRD PARTIES AND YOU EXPRESSLY RELEASE WAIVE AND RELEASE FITVERZ FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE SERVICES, OR IN ANY WAY RELATED TO THE THIRD PARTIES INTRODUCED TO YOU BY THE SERVICES. THE QUALITY OF THE FACILITY AND/OR CLASS SCHEDULED OR BOOKED THROUGH THE SERVICES IS ENTIRELY THE RESPONSIBILITY OF THE THIRD-PARTY FITNESS PROVIDER THAT ULTIMATELY PROVIDES ITS SERVICES TO YOU. YOU UNDERSTAND THAT BY USING THE SERVICE, YOU MAY BE EXPOSED TO RISK OR CONTENT THAT IS POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE, OR OTHERWISE OBJECTIONABLE AND THAT YOU USE OUR SERVICES AT YOUR OWN RISK.
  • YOU UNDERSTAND AND ACKNOWLEDGE THAT ON BEHALF OF YOURSELF, YOUR HEIRS, PERSONAL REPRESENTATIVES, AND/OR ASSIGNS, THAT THERE ARE INHERENT RISKS AND DANGERS IN EXERCISE ACTIVITIES OF ANY RANGE AND INTENSITY LEVELS. BY USING FITVERZ (INCLUDING BUT NOT LIMITED TO BOOKING, ATTENDING, PARTICIPATING IN A CLASS OR SESSION, OR USING A SERVICE), YOU ACKNOWLEDGE AND AGREE, ON BEHALF OF YOURSELF, YOUR HEIRS, PERSONAL REPRESENTATIVES AND/OR ASSIGNS THAT YOU ARE AWARE OF THESE RISKS WHICH INCLUDE, BUT ARE NOT LIMITED TO, PROPERTY DAMAGE, ILLNESS, LOSS AND BODILY INJURY OR DEATH. YOU ACKNOWLEDGE THAT SOME OF THESE RISKS CANNOT BE ELIMINATED AND YOU SPECIFICALLY ASSUME THE RISK OF INJURY OR HARM.
  • YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR RESPONSIBILITY TO CONSULT WITH YOUR PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL PRIOR TO USING FITVERZ (INCLUDING BUT NOT LIMITED TO BOOKING, ATTENDING, PARTICIPATING IN A CLASS OR SESSION, OR USING A SERVICE) AND TO DETERMINE IF AND HOW PARTICIPATING IS APPROPRIATE FOR YOU. DO NOT USE FITNESS PROVIDER SERVICES IF YOUR PHYSICIAN OR HEALTH CARE FITNESS PROVIDER ADVISES AGAINST IT. IF YOU EXPERIENCE FAINTNESS, DIZZINESS, PAIN OR SHORTNESS OF BREATH AT ANY TIME WHILE EXERCISING, YOU SHOULD STOP IMMEDIATELY.
  • YOU ALSO UNDERSTAND AND AGREE THAT THE PLATFORM OFFERS FITNESS AND RELATED INFORMATION THAT IS DESIGNED FOR INFORMATIONAL, EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY. NOTHING STATED OR POSTED ON OR OTHERWISE AVAILABLE THROUGH ANY ASPECT OF THE PLATFORM AND/OR A SESSION IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL, PROFESSIONAL OR COUNSELING CARE. YOU SHOULD NOT RELY ON ANY INFORMATION ON OR THROUGH THE PLATFORM AND/OR A SESSION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH OR FITNESS LEVEL, YOU SHOULD ALWAYS CONSULT A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT EVER DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ OR HEARD ON OR THROUGH THE PLATFORM AND/OR A SESSION. THE USE OF ANY OF THE CONTENT, RECOMMENDATIONS AND INFORMATION PROVIDED ON OR THROUGH FITVERZ IS SOLELY AT YOUR OWN RISK.
  • THE PLATFORM IS CONTINUALLY UNDER DEVELOPMENT AND FITVERZ MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN RESEARCH MAY IMPACT THE FITNESS OR RELATED ADVICE THAT APPEARS ON OR IN CONNECTION WITH THE PLATFORM. NO ASSURANCE CAN BE GIVEN THAT THE ADVICE OR RECOMMENDATIONS CONTAINED IN OR THROUGH THE PLATFORM AND/OR A SESSION WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL OR CONTENT.
  • THEREFORE, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU RELEASE, INDEMNIFY, AND HOLD HARMLESS FITVERZ, ITS PARENT, SUBSIDIARIES OR AFFILIATED ENTITIES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, CONSULTANTS, CONTRACT EMPLOYEES, REPRESENTATIVES AND AGENTS, AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FROM ANY AND ALL RESPONSIBILITY, CLAIMS, ACTIONS, SUITS, PROCEDURES, COSTS, EXPENSES, DAMAGES AND LIABILITIES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR PARTICIPATION IN OR USE OF THE PLATFORM AND/OR ATTENDANCE AT, PARTICIPATION IN, PURCHASE OF AND/OR USE OF ANY SESSION) INCLUDING BUT NOT LIMITED TO WITH RESPECT TO BODILY INJURY, PHYSICAL HARM, LOSS, ILLNESS, DEATH OR PROPERTY DAMAGE.

 

  1. Limitation of Liability and Damages:

 

  • TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL FITVERZ OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY FITNESS PROVIDERS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (a) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND PRODUCT LIABILITY), OR OTHERWISE, EVEN IF FITVERZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS INCLUDES DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (b) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (i) $100 OR (ii) THE AMOUNTS PAID BY YOU TO FITVERZ IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (c) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES AND COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
  • APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, FITVERZ’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
  • FITVERZ’ LIABILITY TO YOU IS LIMITED TO $100 OR THE AMOUNTS, IF ANY, PAID BY YOU TO FITVERZ UNDER THIS AGREEMENT IN THE THREE MONTHS IMMEDIATELY PRIOR TO THE EVENT FIRST GIVING RISE TO THE CLAIM, WHICHEVER IS MORE. THE FOREGOING LIMITATIONS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF WHETHER FITVERZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

 

  1. Indemnity:

 

  • To the extent permitted by applicable law, you agree to indemnify and hold Fitverz, its affiliated entities, subsidiaries, its suppliers, service providers and Fitness Service Providers and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns, harmless from and against any claims, actions, suits, costs, expenses, losses, damages (actual and consequential), liabilities, including attorneys’ fees, arising out of or in connection with your use of the Services (including any actions taken by a Third-Party using your account), your misuse of the Platform, Fitness Provider Services, violation of these Terms, violation of the rights of any other person or entity, or any breach of your representations, warranties, and covenants set forth in these Terms.
  • Disputes Between Users: You agree that you are solely responsible for your interactions with any other user in connection with the Service and the Company will have no liability or responsibility with respect thereto. We reserve the right, but have no obligation, to become involved in any way with disputes between you and any other user of the Service.
  • Procedure for handling Indemnification Claims: The obligations of either party to provide indemnification under this Agreement will be contingent upon the indemnified party (i) providing the indemnifying party with prompt written notice of any claim for which indemnification is sought (provided that the indemnified party’s failure to notify the indemnifying party will not diminish the indemnifying party’s obligations under this Section except to the extent that the indemnifying party is materially prejudiced as a result of such failure), (ii) cooperating fully with the indemnifying party (at the indemnifying party’s expense), and (iii) allowing the indemnifying party to control the defense and settlement of such claim, provided that no settlement may be entered into without the consent of the indemnified party if such settlement would require any action on the part of the indemnified party other than to cease using any allegedly infringing or illegal content or services. Subject to the foregoing, an indemnified party will at all times have the option to participate in any matter or litigation through counsel of its own selection at its own expense.
  • USER (ON ITS OWN BEHALF AND ON BEHALF OF ANY PERSON OR ENTITY AUTHORIZED TO USE THE SERVICES BY CUSTOMER) COVENANTS NOT TO SUE OR MAKE OR ASSERT AGAINST FITVERZ ANY CLAIM OF INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT WITH RESPECT TO THE SERVICES PROVIDED BY US UNDER THIS AGREEMENT.

 

  1. ARBITRATION AGREEMENT FOR USERS IN THE COMMONWEALTH OF PUERTO RICO AND UNITED STATES 

 

  • Purpose: This Arbitration Agreement facilitates the prompt and efficient resolution of any disputes that may arise between you and Fitverz. Arbitration is a form of private dispute resolution in which parties to a contract agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such dispute(s) decided in a lawsuit, in court, by a judge or jury trial.
  • Please read this Arbitration Agreement carefully. It provides that all disputes between you and Fitverz shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, session actions). Entering into this Arbitration Agreement constitutes a waiver of your right to litigate claims in court and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this Arbitration Agreement and can award the same damages and relief as a court (including attorney’s fees).
  • For the purpose of this Arbitration Agreement, “Fitverz” means Fitverz and its parents, subsidiaries, and affiliated companies, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between you and Fitverz regarding any aspect of your relationship with Fitverz, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, gross negligence or reckless behavior), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Arbitration Agreement (with the exception of the enforceability of the Session Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced.
  • WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS ARBITRATION AGREEMENT.

 

  • Agreement to Binding Arbitration Between You and Fitverz

 

  • If a dispute arises from or relates to this contract or the breach thereof, and if the dispute cannot be settled through direct discussions (described below under “Pre-Arbitration Dispute Resolution”), the parties agree that any unresolved controversy or claim arising out of or relating to this contract, or breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its corresponding Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
  • Claims shall be heard by a single arbitrator. The place of arbitration shall be San Juan, Puerto Rico, but it may proceed by telephone or other remote means if you so choose. The arbitration shall be governed by the laws of the Commonwealth of Puerto Rico. Hearings will take place pursuant to the standard procedures of the corresponding Arbitration Rules that contemplate in person hearings. Fitverz will pay all arbitration filing fees and arbitrator’s costs and expenses upon your written request given prior to the commencement of the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law. The arbitrator shall make any award in writing but need not provide a statement of reasons unless requested by a party. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.
  • Pre-Arbitration Dispute Resolution: Before initiating any Dispute, whether in court or arbitration, you must first give Fitverz an opportunity to resolve the Dispute by mailing written notification to Fitverz, Legal Department, P.O. Box 362318, San Juan, Puerto Rico, 00936. That written notification must include (i) your name, (ii) your address, (iii) a written description of the Dispute, and (iv) a description of the specific relief you seek. If Fitverz does not resolve the Dispute to your satisfaction within 45 days after it receives your written notification, you may pursue your Dispute in arbitration.
  • Waiver of Class or Consolidated Actions: ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth below.
  • Session Action Waiver: Any Disputes arising out of or relating to your use of the Platform and/or attendance at, participation in or use of Fitness Provider Services, any purchase you make on or through the Platform, any information you provide via the Platform, and/or these Terms (including the formation, performance, or alleged breach), shall be submitted individually by you and will not be subject to any session action or representative status. The arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a session or representative proceeding or claims (such as a session action, representative action, consolidated action or private attorney general action). Neither you, nor any other Member of Fitverz and/or user of Fitverz services, can be a session representative, session member, or otherwise participate in a session, representative, consolidated or private attorney general proceeding with respect to the matters set forth in the first sentence of this paragraph. You agree that this Session Action Waiver is material and essential to the arbitration of any dispute between you and Fitverz and is non-severable from the Arbitration Agreement. If any portion of this Session Action Waiver is limited, voided, or cannot be enforced, then the Arbitration Agreement shall be null and void. You understand that by agreeing to this Session Action Waiver, you may only pursue Dispute against Fitverz in an individual capacity and not as a plaintiff or session member in any purported session action or representative proceeding.
  • Limitation of Procedural Rights: You understand and agree that, by entering into this Arbitration Agreement, you and Fitverz are each agreeing to arbitration instead of the right to a trial before a judge or jury in a public court. In the absence of this Arbitration Agreement, you and Fitverz might otherwise have a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including session actions). By using the Fitverz Platform or any Session, product or services, or otherwise accepting these Terms, you are entering into this Arbitration Agreement, and you give up those procedural rights. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited in arbitration. The right to appellate review of an arbitrator’s decision is much more limited than in court, and in general an arbitrator’s decision may not be appealed for errors of fact or law.
  • Severability: If any clause within this Arbitration Agreement, other than the Session Action Waiver clause above, is found to be illegal or unenforceable, that clause will be severed from this Arbitration Agreement, and the remainder of this Arbitration Agreement will be given full force and effect. If the Session Action Waiver clause is found to be illegal or unenforceable, then this entire Arbitration Agreement will be unenforceable, and the Dispute will be decided by a court of competent jurisdiction.
  • Continuation: This Arbitration Agreement shall survive the termination of your contract with Fitverz and your use of the Fitverz Platform and Fitness Provider Services.
  • Opt-out: You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to the following address: hola@fitverz.compostmarked within 30 days of first accepting these Terms. You must include (i) your name and residence address; (ii) the email address and/or telephone number associated with your account; and (iii) a clear statement that you want to opt out of these Terms’ arbitration agreement.
  • Exclusive Venue: If you send the opt-out notice in, and/or in any circumstances where the foregoing arbitration agreement permits either you or Fitverz to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party and both you and Fitverz agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in, respectively, San Juan, Puerto Rico, and you and Fitverz consent to personal jurisdiction in those courts.
  • Users outside the United States
    • If you live in Latin America or in the European Economic Area (including the United Kingdom), the laws and courts of your country of residence will apply to any disputes arising out of or relating to these Terms or Fitverz’ Services, and you can bring legal proceedings in your local courts. The Vienna Convention on the International Sale of Goods of 1980 (CISG) shall not apply.
    • For users in the European Economic Area (including the United Kingdom), you have the right to withdraw from your Subscription within 14 days after your purchase without giving any reason. We will refund your full payment (if made), as long as you have not used any Fitness Provider Service during those 14 days. To meet the withdrawal deadline, you must send us your cancellation request before the withdrawal period has expired.

 

  1. Copyright infringement

 

  • Repeat Infringer Policy: Our intellectual property policy is to (i) remove or disable access to material that we believe in good faith, upon notice from an intellectual property owner or his or her agent, is infringing the intellectual property of a Third-Party by being made available through the Services; and (ii) remove any User Content uploaded to the Services by repeat infringers. We consider a “repeat infringer” to be any user that has uploaded User Content to or through the Services and for whom we have received more than two takedowns. We have discretion, however, to terminate the account of any user after receipt of a single notification of claimed infringement or upon our own sole determination.
  • Procedure for Reporting Claimed Infringement: If you believe that any content made available on or through the Platform has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a “Notification of Claimed Infringement” containing the following information to the Designated Agent identified below. Your Notification of Claimed Infringement may be shared by us with the user alleged to have infringed a right you own or control, and you hereby consent to us making such disclosure. Your communication must include substantially the following: (i) A physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed; (ii) Identification of works or materials being infringed, or, if multiple works are covered by a single notification, then a representative list of such works; (iii) Identification of the specific 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, and information reasonably sufficient to permit us to locate the material; (iv) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted; (v) A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Designated Agent Contact Information: Our designated agent for receipt of Notifications of Claimed Infringement (the “Designated Agent”) can be contacted at: hola@fitverz.comor Fitverz LLC – P.O. Box 362318 – San Juan, PR 00936.
  • Counter Notification: If you receive a notification from us that material made available by you on or through the Services has been the subject of a Notification of Claimed Infringement, then you will have the right to provide us with what is called a “Counter Notification.” To be effective, a Counter Notification must be in writing, provided to our Designated Agent through one of the methods identified above and include substantially the following information: (i) A physical or electronic signature of the subscriber; (ii) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (iii) A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and (iv) The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, then for any judicial district in which we may be found, and that the subscriber will accept service of process from the person who provided notification under Section 10 above or an agent of such person.
  • Reposting of Content Subject to a Counter Notification: If you submit a Counter Notification to us in response to a Notification of Claimed Infringement, then we will promptly provide the person who provided the Notification of Claimed Infringement with a copy of your Counter Notification and inform that person that we will replace the removed User Content or cease disabling access to it in 10 business days, and we will replace the removed User Content and cease disabling access to it not less than 10, nor more than 14 business days following receipt of the Counter Notification, unless our Designated Agent receives notice from the party that submitted the Notification of Claimed Infringement that such person has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the material on our system or network.
  • False Notifications of Claimed Infringement or Counter Notifications: The Copyright Act provides that: Any person who knowingly materially misrepresents under Section 512 of the Copyright Act (17 U.S.C. § 512) (i) that material or activity is infringing, or (ii) that material or activity was removed or disabled by mistake or misidentification, will be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, any copyright owner or copyright owner’s authorized licensee, or by a service Fitness Provider, who is injured by such misrepresentation, as the result of Fitverz relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it. 17 U.S.C. § 512(f).
  • We reserve the right to seek damages from any party that submits a Notification of Claimed Infringement or Counter Notification in violation of the law.

 

  1. General

 

  • Choice of Law and Forum: These Terms shall be governed in all respects by the laws of the Commonwealth of Puerto Rico, without regard to conflict of law provisions, consistent with the Federal Arbitration Act (to the extent permitted by applicable law). If for any reason a claim proceeds in court rather than in arbitration (including any claims brought by parties outside the United States), the dispute shall be exclusively brought in a state or federal court located in San Juan, Puerto Rico.
  • Severability: If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
  • Headings: The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
  • Entire Agreement: These Terms and any applicable Additional Terms, as each may be amended as set forth herein, are the entire agreement between you and Fitverz relating to the subject matter herein.
  • Claims and Statute of Limitations: IN THE EVENT YOU HAVE A CAUSE OF ACTION THAT IS NOT OTHERWISE BARRED BY THESE TERMS, YOU AND FITVERZ AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS AND/OR THE PLATFORM AND/OR ATTENDANCE AT, PARTICIPATION IN, USE OF OR PURCHASE OF FITNESS PROVIDER SERVICES) MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
  • Waiver: No waiver of any of these Terms by Fitverz is binding unless authorized in writing by an executive officer of Fitverz. In the event that Fitverz waives a breach of any provision of these Terms, such waiver will not be construed as a continuing waiver of other breaches of the same nature or other provisions of these Terms and will in no manner affect the right of Fitverz to enforce the same at a later time. Further, in the event we choose to grant an exception to these Terms, any such exception is in our sole discretion and does not entitle you or anyone else to any exceptions in the future for similar circumstances.
  • Notice: Except as explicitly stated otherwise, legal notices will be served, with respect to Fitverz, on Fitverz’ national registered agent, and, with respect to you, to the email address you provide to Fitverz during the registration process. Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice will be deemed given three days after the date of mailing.
  • Disclosures: The services hereunder are offered by Fitverz, LLC., located at: P.O. Box 362318, San Juan, Puerto Rico, 00936.
  • Survival: Provisions that, by their nature should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay or indemnify us, any limitations on our liability, any terms regarding ownership of intellectual property rights, and any terms regarding disputes between us, including without limitation the Arbitration Agreement.

 

CONTACT US

For questions or concerns, contact hola@fitverz.com or (787)-901-6714.

 

Effective Date: August 01, 2020

 

© 2020 FITVERZ LLC. All rights reserved.

PRIVACY POLICY – FITVERZ LLC

Last Updated: July 02, 2020

  1. Introduction

Welcome to Fitverz! Here is some important information about how we manage the data you provide to us.

As part of our mission we collect and process a lot of information. This Privacy Policy is intended to help you better understand how we collect, use, and store your personal information. By using any of Fitverz’s Services, you are agreeing to the terms of this Privacy Policy and, as applicable, the Fitverz Terms and Policies. If you do not agree to this Privacy Policy, do not use the Platform or give us any of your information.

We may update this Privacy Policy from time to time in order to reflect, for example, changes to our privacy practices or for other operational, legal, or regulatory reasons. If we make material changes to this Privacy Policy, we will give you notice of such changes by posting the revised policy on this Website, and where appropriate, by other means. Please note that if you have opted not to receive legal notice emails from us (or you haven’t provided us with your email address), those legal notices will still govern your use of the Services, and you are still responsible for reading and understanding them. By continuing to use this Website or the Services after these changes are posted, you agree to the revised policy.

The Fitverz website and apps (the “Site,” “Website”, “Service” or “Platform”) are operated by Fitverz LLC. The terms “Fitverz,” the “Company,” “we,” “us,” and “our” refer to Fitverz LLC and its subsidiaries and affiliates. The terms “you,” “your,” and “yours” refer to the user/customer utilizing the Platform. This Privacy Policy is governed by our Terms and Policies. Any terms we use in this policy without defining them have the definitions given to them in our Terms and Policies.

  1. Scope

Fitverz enters into agreements with individuals, employers and wellness solutions to offer them and/or eligible employees (and qualifying Family Members) the opportunity to purchase a Fitverz membership. The Fitverz membership provides access to the venues and services of our partner Fitness Providers. Our network of partner Fitness Providers varies by location and by the fitness services offered.

This Privacy Policy covers what data we collect about you (the “Personal Data”) (either from you, from your employer, through your wellness solution, or from others) and how we store, analyze, and share your Personal Data.

This Policy does not apply to the practices of companies we do not own or control, including your employer, your wellness solution or any Fitness Provider. This Policy does not apply to information collected by (i) us offline or through any other means, including on any other website operated by the Company or any third party; or (ii) any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Website.

We gather various types of Personal Data from our Users, as explained in more detail below, and we use this Personal Data internally in connection with our Services, including to personalize, provide, and improve our Services, to allow you to set up a user account and profile, to contact you and allow other Users to contact you, and to fulfill your requests for certain products and services. In certain cases, we may also share some Personal Data with third parties, but only as described below.

When you visit our Platform or app and receive an error, we may automatically collect additional information, including the type of browsers our Members use, what mobile device you use (the operating system version), internet service provider (ISP), referring and exit pages, the files viewed on our Platform (e.g., HTML pages, graphics, etc.), date and time stamps of activity on the platform, your IP address (the unique address that identifies your device on the internet), and the operating system your device uses. We use this additional information to enhance the security controls around platform access and resolve bugs and errors that may exist on the Platform.

You may direct us to disclose your information to others, such as when you use community features like forums, leaderboards, and other social tools. For certain information, we provide you with privacy preferences in account settings and other tools to control how your information is visible to other users of the Services. Just remember that if you choose to participate in a challenge, information like your profile photo, posted messages, total steps in the challenge, personal statistics, and achievements, is not governed by your privacy preferences and will be visible to all other challenge participants.

  1. Children’s privacy

Our Services are not targeted to children. As noted in our Terms, we do not knowingly collect or solicit Personal Data from anyone under the age of 16 unless we first obtain verifiable parental consent as required by applicable law. If you are under 16, please do not attempt to register for the Services or send any Personal Data about yourself to us without consent from your parent or legal guardian. If we learn that we have collected Personal Data from a child under age 16 without verifiable consent from the child’s parent or legal guardian, we will delete that data as quickly as possible. If you believe that your child under 16 may have provided us Personal Data without your consent, please contact us at hola@fitverz.com.

In some circumstances, our Services allow eligible employees to extend the registration offer to qualifying Family Members including children. If you extend the registration opportunity to a child and authorize payment for this account, you are expressly consenting to the collection and use of the child’s Personal Data in accordance with this Privacy Policy.

California residents under 16 years of age may have additional rights regarding the collection and sale of their personal information. Please see “California Rights” Section for more information.

  1. Collection of information

“Personally Identifiable Information” means any information which can be used to identify an individual, and may include, but is not limited to, name, email address, or postal or other physical address. We collect Personally Identifiable Information from you when you register for the Platform, including the following: name and email address. To participate in certain activities and to obtain certain services or documents offered on the Platform, you may be asked to provide additional Personally Identifiable Information such as phone number, billing address and credit card information. We endeavor to limit our requests for Personally Identifiable Information to information we believe is reasonably necessary to achieve our purposes as described in the “Information Use” section below. Any Personally Identifiable Information received in communication or in material you transmit to the Platform by electronic mail or otherwise are and will be treated in accordance with this Privacy Policy. When you visit the Platform we also collect non-personally identifiable information, which is information that by itself cannot be used to identify or contact you, such as demographic information (such as age or gender) or usage information (such as the browser you are using, the URL that referred you to the Platform and the areas of the Platform you visit). We may also supplement the information we collect with information from other sources to assist us in evaluating and improving our Platform and offerings.

We may collect Personal Data from you when you access and use our Services. The Personal Data that you provide directly to us through your interactions with our Services and Providers will typically be apparent from the context in which you provide that information. Fitverz may also automatically collect certain Personal Data and information from you while you are interacting with our Services. This may include:

  • Information about your health, fitness, and related wellness activities offered within the Platform;
  • Information about your employment status, employment location, and current position/role on employer and/or Sponsor’s organization.
  • Information about your participation and activity over time;
  • Your logs for food, weight, sleep, water, or female health tracking;
  • Your alarm log;
  • The rewards you may be able to earn through the Service;
  • The messages, comments and contributions you may make on the Platform or app; and
  • Additional information you may provide as you submit queries and requests to us.

If you contact us or participate in a survey, contest, or promotion, we collect the information you submit such as your name, contact information, and message.

We may also receive information about you from various sources to support and improve our Services, including your employer who is enabling your membership, your wellness solution platform, the Providers in our network, and public databases. Certain data may be required to register with us or to take advantage of some of our features.

  • Types of personal information we collect

Eligibility Information: If your employer has a corporate agreement with us, its eligible employees may register for and purchase a Fitverz membership. You may only register for our Services if you are an eligible employee or a qualified Family Member of an eligible employee. To offer you our Services and confirm your eligibility, we collect Personal Data from your employer (or, in the case of a qualifying Family Member, the employee who Sponsor s you) including at least one unique identifier, such as first and last name, business email, your employee ID, and your status as an active employee.

Contact and Registration Information: If you access our website or app and/ or register for an account, we will collect Personal Data, such as your first and last name, username and password, email, mobile or other phone number, mailing address, and zip code, as well as any other Personal Data you choose to provide, including a profile picture, your date of birth, gender, height, weight, biography, country information and your preferred Provider locations. If you have registered for an account, you may log in to review and update your information and preferences. If you contact Fitverz directly (outside of the relationship through your employer) by inquiring about Fitverz, signing up for our blog or mailing list, or entering a sweepstakes or contest we may offer, then we may collect information you provide, such as email, mobile or other phone number, mailing address and postal code.

Transaction Information: If you become a Fitverz member and utilize a credit/debit account, we will collect information related to the payment for our Services, such as your credit/ debit card information, billing address, and other related transaction information, through our payment provider. If you pay for our Services by requesting that your employer debit your paycheck, we will receive confirmation of the transaction from your employer.

Social Media Apps: If you link your Fitverz account to any social media profile, or otherwise interact with us through a social media Platform (e.g., by logging in through Facebook or by clicking a Facebook “like” button), the social media network may share information with us. You can access and revise your information-sharing practices in the privacy settings of such social media sites. You may also connect with friends on the Services or invite friends who have not yet joined by providing their email addresses, accessing social networking accounts, or using the contact list on your mobile device. We do not store your contact list and delete it after it is used for adding contacts as friends.

Fitness Provider Usage Information: We will collect information about how you interact with and use our Services, such as the time and location of your “check-in” with a Provider, Provider Services that you book and/or attend, workouts you log, and information that you provide regarding a Provider (e.g. your review of a Provider).

Communications, Surveys and Assessments: We will also collect information when you communicate with us, such as through emails that you send us, exchanges through the website or app, or exchanges through social media. If we ask you to provide feedback by completing a survey, we will collect any information you choose to provide in completing the survey.

Activity trackers: As an employee you will be able to connect activity trackers to your account. Activity tracking devices can track your manual logs and estimate a variety of metrics including, among others, the number of steps you take, your distance traveled, calories burned, weight, heart rate, sleep stages, active minutes, and location. Depending on the brand and model of activity tracker you use, the data collected may vary. In general, companies selling activity tracking devices have specific privacy policies available, which outline what data the specific activity tracking device collects. We strongly suggest you review the right privacy policy to know what specific data points your activity tracking device collects about you. Fitverz may allow you to access to a variety of audio or video digital sessions from your computer or mobile device, via live stream and/or on demand (“Digital Session”). When you participate in these Digital Sessions through a connected device, such as a heart rate monitor, we may collect heart rate and other metrics to learn about and improve the Platform and our services.

Coaching and user success assistance: Fitverz LLC allows you to communicate with a live health, fitness, or wellness coach. Coaches may be provided by third parties, such as your employer or insurance company, or by our third-party coaching service providers. If you use our Coaching Services, we collect information about such use, including the plan, goals, and actions you record with your coach, your calendar events, communications with your coach, notes your coach records about you, and other information submitted by you or your coach.

Data Collected Automatically: When you interact with our Services, either on our website or through our mobile app, we automatically receive and record data on our server logs from your browser or device, which may include your IP address, geolocation data, device identification, “cookie” data (please see below), the type of browser and/or device you’re using to access our Services, and the page or feature you requested and time of access. We may use this data to provide a customized experience for you, based on your usage patterns, or for remarketing, or other analysis. We may also use it to improve the Services – for example, this data can tell us how often Users use a particular feature, which we can use to enhance our user experience. The Services include features that use precise location data, including GPS signals, device sensors, Wi-Fi access points, and cell tower IDs. We collect this type of data if you grant us access to your location. You can always remove our access using your Fitbit device or mobile device settings. We may also derive your approximate location from your IP address.

Health and other special categories of personal data: To the extent that information we collect is health data or another special category of personal data subject to the European Union’s General Data Protection Regulation (“GDPR”), we ask for your explicit consent to process the data. We obtain this consent separately when you take actions leading to our obtaining the data, for example, when you pair your device to your account, grant us access to your exercise or activity data from another service, or use the female health tracking feature. You can use your account settings and tools to withdraw your consent at any time, including by stopping the use of a feature, removing our access to a third-party service, unpairing your device, or deleting your data or your account.

 

  • How Fitverz uses your information

Fitverz uses Personally Identifiable Information for several general purposes:

  • to provide you with the Platform, service information, and news;
  • to identify you when you sign-in;
  • to support the Platform and the services offered on or through the Platform;
  • to contact you for feedback about our Services;
  • to track your progress and the rewards you earn;
  • to respond to your questions and requests.
  • to conduct research about Fitverz’s customer base or services;
  • to fulfill your reservation and purchase requests;
  • to process your payments including credit checks and collection;
  • to notify you of technical updates or changes in policy;
  • to provide you and your Employer or Sponsor information about your utilization of our Services;
  • to provide your Employer or Sponsor an assessment for rewards, perks, benefits, or incentives purposes;
  • to provide other Members within the Platform or Employer/Sponsor’s organization an activity ranking for online social interaction purposes between Users;
  • to contact you for our own marketing and promotional purposes; and
  • to process contests, sweepstakes, or other promotions and fulfill any related awards or discounts.

We use your Personal Data for several purposes:

  • to provide you with our Services;
  • confirm eligibility for and administer your membership;
  • respond to your inquiries;
  • deliver a more relevant experience with our Services and our Providers;
  • to meet our other business purposes;
  • to facilitate the administration of your account through your employer or a wellness solution platform that your employer has engaged in order to offer you our Services;
  • If you use the Coaching Services, we use your information to connect you with coaches, allow you to communicate with them through our Platform, and help you achieve your goals to lead a healthier, more active life.

We use your Personal Data for these purposes because we have a legitimate business interest in providing Services to our Members, their qualifying Family Members and because you have provided consent for the data usage. We may use this data to contact you, to cross-reference it with other Personal Data we may hold about you in accordance with this Policy, and to share it with the Provider you choose to go to and to our Third-Party partners, as provided in this Policy. Specifically, we may use your Personal Data for the following purposes:

Membership Administration: We process your Personal Data to fulfill our contractual relationship with you as a member or recipient of our Services, including by providing you with administrative and usage support. We also use your Personal Data to determine if you are eligible to register for our Services, facilitate payment for our Services, and, in some circumstances, to confirm your use of our Services as part of your employer’s wellness program or wellness solution platform.

Promotional and Marketing Communications: We may communicate with you to keep you up to date on the latest product announcements, software updates, special offers, or other information we think you would like to hear about either from us or from our business Fitness Providers (unless you have opted out of these types of communications), if you provide us the means to do so (Note that you will not be able to opt-out of service announcements that contain important information relevant to your use of the Platform and are not promotional in nature). For example, we may use your Personal Data to provide special offers, promotions, and information about Fitverz and our Services. By providing us with your wireless phone number, email address or social media account credentials, you confirm that you want Fitverz to send you data we think may be of interest to you through those channels, including but not limited to Fitverz offers, promotions and updates regarding Fitverz partners. Where applicable law requires, we will obtain your consent to send you marketing communications. If you do not want to receive email communications from us, please indicate your preference by clicking the unsubscribe link that will appear in all emails or by contacting hola@fitverz.com. Fitverz will use all reasonable efforts to perform your unsubscribe request without undue delay as required by applicable law. However, note that if you are a member, even if you opt out of marketing communications, you will continue to receive administrative and operational communications from us, such as notices regarding bookings or billing. Fitverz sends informative emails to its customers, often with special promotions. This submission is done in a safe manner, making it impossible for viruses to be included in the message. We respect your privacy and only sends emails to your customers that authorized this service or sending emails from partner academies. This service can be canceled at any time by clicking on the unsubscribe link included in all our emails. If you receive any suspicious emails involving our brand, be suspicious and do not run any file. Please notify us so we can take appropriate action. We will give you the opportunity to “opt out” of receiving direct marketing or market research information. This means we assume you have given us your consent to collect and use your information in accordance with this Privacy Policy unless you take affirmative action to indicate that you do not consent, for instance by opting out through the mechanism provided in the emails we send.

External Processing: We transfer information to our corporate affiliates, service providers, and other partners who process it for us, based on our instructions, and in compliance with this policy and any other appropriate confidentiality and security measures. These partners provide us with services globally, including for customer support, information technology, payments, sales, marketing, data analysis, research, and surveys.

Business Purposes: We may use your Personal Data for our business purposes, such as to operate and improve our business and Services, develop new Services, perform market research, and to improve the security of our Services. We may also use your Personal Data to protect us from and prevent fraud, claims and other liability, and to comply with legal or regulatory requirements.

We may use non-Personally Identifiable Information such as demographic data to analyze and develop our marketing strategy and further improve the Platform and our services.

Additionally, we may use your Personal Information to create “Anonymous Data” records by removing any information (including any contact information) that would allow the remaining data to be linked back to you. We may use the Anonymous Data for internal purposes, such as analyzing patterns and usage to improve our services. Additionally, we may use Anonymous Data to analyze and understand demographic trends, customer behavior patterns and preferences, and information that can help us enrich the content and quality of the Fitverz Services. We reserve the right, subject to applicable laws and regulations, to disclose Anonymous Data at our discretion.

  1. Information we share and disclose

We may share your Personal Data as described in this Privacy Policy or where we have provided you with prior notice and, to the extent applicable law requires, obtained your consent. To the extent that you participate in any fitness and wellness activities as part of the Fitverz Services, please be aware that your name and activity information will be available to other Members and to your Employer Sponsor, if applicable. Additionally, the Fitverz Platform may make message boards and messaging forums available to you. Please be aware that any information disclosed in these settings may become public information. You should exercise caution if disclosing Personal Information while using these features.

We may, from time to time, share your Personal Information with third parties to allow us to provide you with our services. If we need to share your Personal Information with third parties, we will limit the information disclosed to the minimum amount necessary to ensure the provision and quality of the services we offer you. We do not make your Personal Information available to any third parties without your permission. We never use, disclose, or share your Personal Information for marketing purposes, and we never sell or rent your Personal Information.

Fitverz may share your Personal Data for the following parties for the reasons discussed below:

Providers and Booking Partners: We may share your Personal Data with Providers so that you can process the applicable reservation, make available services to you and contact you regarding the activity you reserved, check-in and use their facilities and services. We may also share your data with booking partners when you book a service. Information you submit to book that service is subject to the booking partner’s own terms of use and privacy policy, found on that Third-Party’s site.

Employer or Membership Sponsor: In some circumstances, we may share your Personal Data with your Employer or Sponsor who enables your Fitverz membership and/ or a wellness solution platform that you contract with through your employer and that offers you an opportunity to use our Services. You hereby acknowledge that we receive Personal Data about you from your employer or wellness solution platform.

Your Employer or Sponsor may be able to create and submit customized surveys for its Members to complete. Fitverz may not contribute to the creation of the questions in these surveys and may not review the questions in these surveys. If you decide to take part in a survey or assessment, the results will be shared with your Employer or Sponsor in aggregated reports. Your Employer or Sponsor will not be able to identify you from these reports. However, if the survey offered gives you the ability to respond to a question by writing in a response, the response will be shared with the Employer or Sponsor. If you include identifiable Personal Information in these open-ended responses, your Employer or Sponsor may be able to identify you.

You may have access to a Universal Fitness Assessment (“UFA”). Through a number of questions, the UFA assesses your well-being across a number of dimensions. YOU DO NOT HAVE TO COMPLETE THE UFA IF YOU DO NOT WANT TO SHARE THIS INFORMATION WITH US. RESPONOSES TO A UFA WILL BE SHARED WITH YOUR EMPLOYER OR SPONSOR WITH PERSONALLY IDENTIFIABLE INFORMATION WITH THE SOLE PURPOSE OF RANKING MEMBER ACTIVITY WITHIN YOUR EMPLOYER/SPONSOR’S ORGANIZATION(S). YOUR EMPLOYER OR SPONSOR IS THE SOLELY RESPONSIBLE FOR ANY PERK, REWARD, INCENTIVE, COMPENSATION OR BENEFIT PLAN REGARDING OR, IN SOME SORT RELATED TO, YOUR UFA.

Service providers: We may share Personal Data with companies who perform services on our behalf, including providers that help us send communications, analyze data, and maintain our websites and apps.

Advertisers: We may, from time to time, allow advertisers and/or Third-Party partners (“Advertisers”) to choose the demographic data of users who will see their advertisements and/or promotional offers and you agree that we may provide any of the data we have collected from you in non-personally identifiable form to an Advertiser, for that Advertiser to select the appropriate audience for those advertisements and/or offers.

Social Media and Third-Party Apps: We may share information with social networks when you use our Services to interact with a social media Platform or connect to our Services through social media (e.g. using Facebook to log-in to our app). You can review the privacy practices of these sites and third-party apps on their respective sites.

Affiliates: We may share your Personal Data with Fitverz corporate affiliates in order to administer our Services and operate, evaluate, and improve our business.

Third-Party Providers: We may use or disclose your Personal Information to allow your participation in additional third-party provided wellness services. These additional wellness services may be offered to you by us (“Service Partners”), your Employer or Sponsor, or other entities your Employer or Sponsor contracts with directly (“Third-Party Providers”). We will only use or share your Personal Information for the following general purposes:

  • To coordinate enrollment in such additional services;
  • To enhance your Service experience;
  • To provide you with information about the services available to you through the Platform and platform or provided to you by a Service Partner or a Third-Party Provider;
  • To ensure that you receive appropriate rewards for participation in our services and other similar services provided by your Employer or Sponsor or Third-Party Providers;
  • To evaluate the overall quality and effectiveness of the Service(s) you may participate in; and
  • To assess your eligibility for other benefits that your Employer or Sponsor or Third-Party Providers may offer.

Our Service Partners are industry leading wellness providers we select to enhance your experience. In certain instances, the use of such Service Partners may require you to provide additional Personal Information and data to these Service Partners. If you choose to use Partner services or you provide additional Personal Information and data to these Service Partners, you will be subject to the Service Partner’s privacy policy and terms of use.

Legal and Compliance: We may disclose your Personal Data as required or permitted by law, regulation, or legal process, including to respond to require from a governmental or law enforcement agency, in order to investigate suspected or actual fraudulent or illegal activity, to enforce or apply our Terms of Use or other agreements we may have with you, and where we believe disclosure is appropriate to protect the rights, property, or safety of Fitverz, its affiliates (including Providers), our users, employees, or others.

Government entities: Fitverz may be required to disclose your Personal Information if:

  • Legally required to do so by the federal and local government, tribunals, law enforcement, and regulatory agencies (for example as part of an ongoing investigation, subpoena, similar legal process, or proceeding);
  • As otherwise required under any applicable law, regulation, or rule; and
  • If we believe, in good faith, that such disclosure is necessary to protect or defend our rights or the rights of others, to assist in an investigation, or to prevent illegal activity.

Corporate Transactions: We may choose to buy or sell assets and may share and/or transfer customer data in connection with the evaluation of and entry into such transactions. Also, if we (or our assets) are acquired, or if we go out of business, enter bankruptcy, or go through some other change of control, your Personal Data could be one of the assets transferred to or acquired by a Third-Party.

User Profiles and Content: Certain account data, including your name, location, and any video or image content that you have uploaded to the Services, may be displayed to other Users to facilitate user interaction within the Services or address your request for our Services. Please remember that any content you upload to your public user profile, along with any Personal Data or content that you voluntarily disclose online in some manner other Users can view (on discussion boards, in messages and chat areas, etc.) becomes publicly available, and can be collected and used by anyone. Your username may also be displayed to others if you interact with others, such as by sending messages, comments, or uploading content. Additionally, if you sign into the Services through a Third-Party social networking Platform or service, your list of “friends” from that Platform or service may be imported to the Services, and such “friends,” if they are also registered users of the Services, may be able to access certain non-public data you have entered in your Services user profile. Again, we do not control the policies and practices of any other third-party Platform or service.

Aggregated or De-identified Data: We may share aggregate usage data with current or prospective Providers or corporate clients (or allow Providers or corporate clients to collect that data from you). We reserve the right to provide all such aggregated and/ or de-identified data to third parties.

Fitverz access: Fitverz employees, authorized agents, contractors and/or representatives may be required to access your Personal Information to allow us to provide you with quality services, including Member support services. Our employees are obligated to respect the confidentiality of your Personal Information and are only authorized to access your Personal Information as necessary to provide you with services or support.

In the event that we (a) undergo reorganization or (b) that Fitverz is sold to a Third-Party, any Personal Information we hold about you may be transferred to the re-organized entity or Third-Party, in accordance with applicable laws. In the event that such acquisition occurs, the new entity will continue to use your Personal Information within the limits of this Policy, to ensure continuation of service.

Agents and contractors: In some instances, we may disclose your Personal Information with agents or contractors that work on our behalf and assist us in providing and supporting the services we offer.

Employer or Sponsor access: We may provide information in an anonymous and aggregated format or provide your Personal Information in a group format to third parties that process that Personal Information (“Analytics Processors”) to generate Anonymous Information and derive analytical information to be shared with your Employer or Sponsor. The Analytics Processors do not have any independent right to use your Personal Information, except to provide the aggregation and analysis services. Your Employer or Sponsor will not be able to use such Anonymous Information or aggregated reports to directly identify you. Your Program Employer or Sponsor may use the Anonymous Information in its discretion, including to evaluate the overall Service, as well as to provide additional benefits, programs, and services. Additionally, your Employer or Sponsor may have access to additional information about you, for the limited purposes mentioned in these policies.

We may share Anonymous Data with your Employer or Sponsor, in an aggregated or group format. Your Employer or Sponsor may request that we share Anonymous Data with Third-Party Providers and partnering organizations for research and analysis purposes. You can request the names of such Third-Party Providers and partnering organizations from us or your Employer or Sponsor at any time.

If your Employer or Sponsor is your Health Plan, Fitverz may share additional information about you and your participation in the Program, to ensure you are given access to any additional services, rewards, and benefits that may be offered through your Health Plan. YOUR EMPLOYER OR SPONSOR IS THE SOLELY RESPONSIBLE FOR ANY PERK, REWARD, INCENTIVE, COMPENSATION OR BENEFIT PLAN REGARDING OR, IN SOME SORT RELATED TO FITVERZ’ SERVICES.

Your Employer or Sponsor will also have access to individual reports and results in order to monitor activity and deliver the Services.

Personal Information and Data Corrections: If your Personal Information changes over time or you realize your Personal Information is outdated or incorrect, you have a right to be able to update it or correct it. You may update or correct the information by modifying it directly within the Platform or app. If you are unable to directly update or correct the information within your account, you can contact us at hola@fitverz.com to request that we update or correct the information for you. We will respond to your request within a reasonable timeframe.

Personal Information Transfers: At any time during the course of your membership with Fitverz, you may request that all your Personal Information and other data be transferred to a different wellness services provider. To complete the transfer, we will require additional information about the new vendor to ensure a secure channel is used, so that your Personal Information and other data remain protected. To request such transfer you may contact us at hola@fitverz.com. We will respond to your request within a reasonable timeframe.

Personal Information Deleting: You can request that the data collected about you be deleted from our system. You may terminate your membership at any time by submitting a deletion request to hola@fitverz.com. Once your membership is terminated, you will (i) no longer be able to participate in the Services; (ii) no longer be entitled to receive any benefits or to earn any rewards; (iii) not be able to redeem any unused rewards, and (iv) no longer have access to the Platform. Your Personal Information will be permanently and irreversibly de-identified.

Data processing restrictions: Due to the type of services we offer, we are unable to accommodate requests to restrict the processing of certain sets of data. You, however, will be able to limit the Personal Information added to your profile based on the consent you provide when connecting an activity tracking device to your account or when you opt to track or add an activity directly in Fitverz. If you wish for us to stop processing parts of your data, you can request that all data be deleted through the process explained above. You can also limit the Personal Information provided to us as you participate in the program.

  1. Informed consent for Health Research Studies, Questionnaires and Surveys

This Section summarizes the information we may collect or receive in connection with your use of any of our health research studies, surveys, questionnaires and participation in any of our healthcare research studies (each a “Study” and collectively “Studies”).

To participate in any Studies, you must first review and sign an informed consent and authorization form (if applicable) (“Informed Consent”) for the Study. By answering and sending a Study, you consent to the collection, use, and sharing of your information as described in this Privacy Policy and as outlined in the Informed Consent that would be provided by us upon delivery of the Study to You. To the extent anything in this Privacy Policy conflicts with the Informed Consent, the terms of the Informed Consent will control.

Throughout this policy we may use the term “Study Team” to refer to all the entities that may have access to data collected from or about you through the Apps or as part of the Studies. For all Studies the Informed Consent will include specific information about the members of the Study Team.

  • What information we collect: When you download one of the Apps and enroll in one of the Studies, below are examples of the categories of information (which may include some personal information) that may be collected from or about you through the Apps (“Study Data”). The specific categories of information that will be collected about you as part of a Study will be described in the Informed Consent.
    • Contact information such as your name, email address, and phone number.
    • Demographic information, such as your age, gender, state of residence, and ethnicity.
    • Medical history and information, such as your height/weight, prior medical diagnosis and testing (e.g., diagnosis of an irregular heart rhythm), current and previous use of certain medications (e.g., blood thinning medications), certain family history (e.g., history of atrial fibrillation) and health habits (e.g., smoking). This information may be collected through in-app surveys or other health surveys that you may be asked to complete.
    • Sensor information, such as heart rate and beat to beat calculations.
    • Technical data, which in many cases is non-personal information, i.e., data in a form that does not, on its own, permit direct association with any specific individual. Technical data includes, for example, information about your Platform usage (e.g., when the Platform was first launched), app version and installation ID, device identifier, and technical data about your device, such as operating system and model.
    • Adverse event information, such as a concern, adverse event, or other reportable matter arising in a Study.
    • Other information, if any, described in the Informed Consent.
  • Fitverz and other entities involved in the Study, such as the Study principal investigator or other Study Team members, may maintain Study Data in an identifiable form.
    • Your Contact information will be separated from the rest of the data collected from you through the Apps and as part of the Studies and replaced with a random code (“Coded Study Data”).
  • How we use Study Data: Your personal information, such as your contact information, if collected through the App, may be used for purposes described in the Informed Consent including:
    • To enroll you in the Study, including determining your eligibility for participation in the Study
    • To conduct and support the Study
    • To contact you with surveys or other messages related to the Study through in-app notifications, email, or otherwise
  • Your Coded Study Data may be used for purposes described in the Informed Consent including:
    • To conduct and support the Study
    • To develop health-related products and improvement activities
    • For other research studies, if permitted in the Informed Consent
    • To issue research findings and related reports, which will not identify you
    • Your technical data (as described above) may also be used to determine your eligibility for a Study and general usage of the Apps.
  • Protection of your information: Fitverz takes the security of your personal information very seriously. The Company has implemented reasonable measures to keep the Study Data it maintains safe, and to protect the confidentiality of your information, including storing it in systems with limited access housed in facilities using physical security measures. Despite our security measures, total confidentiality cannot be guaranteed.
  1. Cookies policy

This Platform, like many others, uses small files called cookies to help us customize your experience. Cookies are used in a number of ways and some features of the website simply would not work without them. Fitverz uses cookies to retrieve information, to make navigation easier and to avoid that previously provided data is requested again.

Cookies are small text files that are stored by the browser on your computer, tablet, or other mobile device (hereinafter device) when accessing our website or run our application. We use cookies and other similar technologies (such as action tags, also known as beacons, or pixel tags) for a number of purposes including to remember preferences, track conversions, conduct marketing and promotional efforts, analyze Platform traffic and trends, and generally understand the online behaviors and interests of people who interact with our Platform.

Our cookies can remain on your device for up to two years and we use:

  • Cookies for measuring performance
  • Cookies for traffic analysis
  • Cookies for managing registration of users
  • Cookies to save geolocation
  • Cookies for advertising and behavioral targeting
  • Cookies to register page views

We may also use various third-party cookies, such as Google, Facebook and others. For information about managing these cookies, please visit the Third-Party ‘s website. We use third-party advertising companies to serve advertisements on our behalf or to provide advertising-related services. These companies may use a cookie or an action tag, to tailor the advertisements you see on this Website and other sites, to track your response to their advertisement, to determine whether advertising has been served and to measure the effectiveness of their advertising or to award incentives or points to their members who respond to their advertisements. The cookies, action tags or similar files do not contain any Personal Information.

For more information about how Fitverz uses cookies, please contact us by email: hola@fitverz.com.

  • Authorization, revocation, and removal of cookies

The ability to enable, disable or delete cookies can be made through your browser by following the instructions. Please note, however, that if you delete cookies or refuse to accept them, you might not be able to use all of the features we offer, you may not be able to store your preferences, and some of our pages might not display properly.

“Cookies” are identifiers we transfer to your browser or device that allows us to recognize your browser or device and tell us how and when pages and features in our Services are visited and by how many people. Through cookies, we may collect data about your online activity after you leave our Services. Just like any other usage data we collect; this data allows us to improve the Services and customize your online experience. Our Services do not currently support “Do Not Track” requests, which means that we collect data about your online activity while you are using the Services.

We use cookies for the following purposes:

  • Authentication and login status. We use cookies to identify you when you open our website and to know whether you’re logged in to our website.
  • We use cookies to help us identify your usage patterns on our website and app and to help us display advertisements which are relevant to you.
  • We use Google Analytics to analyze the use of our website and our app. Google collects data about website and app use through cookies and uses this data to create reports about the use of our website and app. Through Google’s Privacy Policy, you can make a choice regarding these collection methods.

You may be able to change the preferences on your browser or device to prevent or limit your device’s acceptance of cookies, but this may prevent you from taking advantage of some of our features. Again, this Privacy Policy does not cover the use of cookies by any third parties, and we are not responsible for their privacy policies and practices. Please be aware that cookies placed by third parties may continue to track your activities online even after you have left our Services, and those third parties may not honor “Do Not Track” requests you have set using your browser or device.

Text messages: We may allow you to elect to use text messaging as a way for us to communicate with you. By agreeing to receive text messages, you are expressly consenting to receiving text messages made using an automatic telephone dialing system from Fitverz or its service providers, and you also understand and agree that data rates and charges may apply. You may opt-out from receiving text messages at any time by replying “STOP” to a text you have from Fitverz. Please note that we may send you a text to confirm that you have unsubscribed. Please allow us a reasonable time to process your request.

  1. Security

We are committed to protecting Personally Identifiable Information from loss, misuse, disclosure, alteration, unauthorized access, and destruction. Fitverz takes reasonable precautions to safeguard the confidentiality of Personally Identifiable Information. Among the security features we use to protect your Personal Information and other data, we require that you create and use a username and unique password to access the Platform and app. We use multiple layers of security to protect your Personal Information and data, including firewalls, intrusion detection tools, and antivirus. We retain your username as part of your Personal Information, to allow us to recognize you when you login, but we do not share your username with anyone. We have SSL security certificates. This means that all your data travels securely over the internet.

We endeavor to protect the privacy and security of your account and Personal Data. We follow reasonable physical, electronic, and managerial procedures designed to safeguard and secure your data and Personal Information. HOWEVER, THE INTERNET CANNOT BE GUARANTEED TO BE 100% SECURE, AND WE CANNOT ENSURE OR WARRANT THE SECURITY OF ANY INFORMATION YOU PROVIDE TO US. WE DO NOT ACCEPT LIABILITY FOR UNINTENTIONAL DISCLOSURE. You should protect your account against unauthorized access to your password, phone, and computer by, among other actions, signing off after using a shared computer, selecting and protecting your password and/or other sign-on mechanism appropriately, and limiting access to your computer or device and browser by signing off after you have finished accessing your account. We are not responsible for any lost, stolen, or compromised passwords, or for any activity in your account via unauthorized password activity.

If you access your account via a third-party Platform or service, you may have additional or different sign-on protections via that third-party Platform or service.

Data storage: All your data, including any Personal Information we collect about you is stored at Amazon Web Services data centers located in the United States of America (USA). Because your data is stored on USA soil, it may be subject to USA laws, including the “Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001” (USA PATRIOT Act), as well as the jurisdiction of the USA government, tribunals, law enforcement, and regulatory agencies, which may require Fitverz to grant them access to your data.

  1. California rights

Data Rights: Starting January 1, 2020, if you are a California resident, subject to applicable law and exceptions and verification, you may have the following rights in relation to personal information, as defined by the CCPA:

  • Right to Know: You may request a copy of the following related to the information we collect from and about you over the past 12 months:

 

  • the categories of personal information we have collected about you;
  • the categories of sources from which the personal information is collected;
  • the business or commercial purpose for collecting your personal information;
  • the categories of third parties with whom we have shared your personal information; and
  • the specific pieces of personal information we have collected about you.

 

  • Right to Delete: You may request that we delete any Personal Information we have collected from you.
  • Right to Opt-Out: You may opt out of us selling your personal information. You can exercise your right to opt-out by contacting hola@fitverz.com.

If you wish to exercise any of these rights, please submit your request by email to hola@fitverz.com. We do not discriminate against you based on you exercising any of the above rights.

Other Rights: If you are a California resident you may also request certain information about our disclosure of information about you to third parties for their own direct marketing purposes during the preceding calendar year. This request is free and may be made once a year by contacting us as below.

If you are a member under 18 years of age, and a California resident, you have the right to request removal of unwanted information that you publicly post on our Website. To request removal of such information, please contact us at hola@fitverz.com. Upon receiving such a request, we will make sure that the information is not publicly available on our website, but the information may not be completely or comprehensively removed from our systems and databases.

  1. Responsible disclosure policy

Fitverz LLC is deeply committed to the security of our services and our users’ information. If you are a security researcher and have discovered a security vulnerability in one of our services, we appreciate your help in disclosing it to us in a responsible manner.

Fitverz LLC will engage with security researchers who report vulnerabilities to us in accordance with this Responsible Disclosure Policy.

Prohibited Actions: Fitverz LLC prohibits individuals from accessing, downloading or modifying data residing in any account that does not belong to that individual. The following actions are also prohibited:

Executing or attempting to execute any denial of service attack;

  • Knowingly posting, transmitting, uploading, linking to, sending, or storing any malicious software on or through Fitverz LLC services;
  • Sending or causing the sending of spam messages or other unsolicited messages to users;
  • Testing in a manner that would degrade the operation of our services; or
  • Any other testing that violates applicable law or our Terms of Service.

Reporting: Please share the details of any suspected or detected vulnerabilities with the Fitverz LLC Security Team by emailing hola@fitverz.com. For the security of our users and service, we ask that you do not publicly disclose these details without express written consent from Fitverz LLC. In reporting any suspected vulnerability, please include the following information:

  • Your name and email address; and
  • Vulnerability details with information to allow us to efficiently reproduce your steps.

Our Commitment: If we verify a security vulnerability that you report to us in compliance with this Policy, we commit to:

  • Promptly acknowledging the receipt of your report;
  • Providing you the status of your report; and
  • Notifying you when the vulnerability is fixed.

Safe Harbor: Any activities conducted in a manner consistent with our policies will be considered authorized conduct and we will not initiate legal action against you. If legal action is initiated by a third party against you in connection with activities conducted under this policy, we will take steps to make it known that your actions were conducted in compliance with this policy.

  1. Third-party sites

The Platform may contain links to other sites. Fitverz is not responsible for the privacy practices of such other sites. We encourage our users to be aware when leaving the Platform to read the privacy statements of each Platform that collects Personally Identifiable Information. Please know that your access of any third-party Platform through one of these links is not governed by this Privacy Policy, and the privacy policies of those third parties govern the use of Personal Data by those third parties. We are not responsible for the privacy practices of those third parties.

Data Subject Rights: Where required by applicable law, you have the following rights with respect to your Personal Data:

  • Right to access; right to data portability: You have the right to receive a copy of the Personal Data that we have about you and how we use this information. You also have the right to receive your Personal Data in a structured format and the right to have the Personal Data transmitted directly from Fitverz to another data controller. You may correct, amend, or update your Personally Identifiable Information by editing your profile on the Platform or contacting us.
  • Right to rectification: You have the right to obtain from us without undue delay the correction of inaccurate Personal Data concerning you.
  • Right to erasure: You have the right to request deletion of Personal Data concerning you unless processing is necessary for exercising the right of freedom of expression and information, for compliance with a legal obligation, for reasons of public interest, or for the establishment, exercise, or defense of a legal claim.
  • Right to restrict or object to processing: You have the right to object to or restrict the processing of your Personal Data to the extent that you dispute the accuracy of the data, the processing is unlawful but you oppose the erasure, or you have objected to the processing. If your Personal Data is processed by us for direct marketing, you have the right to object at any time to the processing.
  • Right to lodge a complaint: You have the right to lodge a complaint with our Data Protection Officer or a supervisory authority. As a rule, you can contact the supervisory authority of your usual place of residence.
  • Right to withdraw consent: You can withdraw your consent to the processing of your Personal Data by us at any time.

You can always opt not to disclose data to us, but keep in mind some data may be needed to register with us or to take advantage of some of our features. Through your account settings, you may access and update the data you have provided to us. If you wish to exercise any of your rights and that option is not yet available through your account settings, please contact us and we will address your request. Please note that we own and may use aggregated and anonymized data derived from or incorporating your Personal Data after you provide it to us.

  1. Your consent to this privacy policy

By using this Platform, you agree to this Privacy Policy. We may occasionally update this Privacy Policy. The date of the most recent update of this document will always be displayed at the beginning of this page. If we change our Privacy Policy, we will post those changes on www.fitverz.com. If we decide to use Personally Identifiable Information in a manner different from that stated at the time it was collected, we will notify users via email (if an email address has been provided) or display a notice on the Site. We encourage you to periodically review this Privacy Policy to stay informed about how we are protecting the Personally Identifiable Information we collect. Your continued use of this Platform constitutes your agreement to this Privacy Policy and any updates.

  1. Contacting Fitverz

If you have any questions, comments, or concerns about this Privacy Policy, please contact us at:

Fitverz LLC.

P.O. Box 362318

San Juan, PR 00936

Or contact us here.

Effective Date: July 02, 2020

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