Welcome to peerFit where you can connect with gyms, trainers, fitness experts, gym members, and anyone interested in group fitness throughout your community and the U.S. peerFit allows you to access and view workouts from gyms and instructors across the country, as well as communicate with other fitness users. You may access and use the peerFit web site (the “Site”) without registering as a Member but certain functionality of the Site is limited to Members. By using the Site, you agree to be bound by these Terms of Service (the “Agreement”). If you wish to become a Member and communicate with other Members and make use of the peerFit service (the “Service”), you must read these Terms of Service and indicate your acceptance of them by following the instructions in the Sign Up page. If you do not agree to these Terms of Use, you may not use the Site or Service.
This Agreement sets out the legally binding terms of your use of the Site and your membership in the Service and may be modified by peerFit at any time and without prior notice, such modifications to be effective upon posting by peerFit on the Site. This Agreement includes peerFit's acceptable use policy for content posted on the web site, peerFit's Privacy Policy, and any notices regarding the Site.
1. Eligibility. You must be thirteen or over to register as a member of peerFit or use the Service. The Service is not intended for use by children under thirteen; if you are under thirteen years of age, please do not use the Service or register as a Member. Membership in the Service is void where prohibited.
2. Registration. In order to use the Service, you must register as a member and provide to peerFit certain basic information about yourself, such as your city, state and zip code, date of birth, gender, first and last name and a valid email address. You may also register with the Service through one of our social networking partners, such as Facebook. If you register through one of these partner sites, your personal information will be provided to peerFit directly from your user account with such partner site. By registering as a Member in the Service, you represent and warrant that (a) you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement; (b) all registration information and Content (as defined below) you submit is truthful and accurate; (c) you will maintain the accuracy of such information; and (d) your use of the Service does not violate any applicable law or regulation. If any information provided by you is untrue, inaccurate or not current, peerFit reserves the right to terminate your membership and use of the Service.
As part of the registration process, you will be asked to provide your email address, which address will act as your log-in for the Service. Please note that peerFit may refuse use of any email, username or password for any reason in its sole discretion, including without limitation, if such email, user name or password contains illegal, obscene or offensive language or is protected by trademark or other intellectual property rights or may cause confusion. You are solely responsible for the activity that occurs through use of your email and account with peeerFit. You must notify us immediately of any breach of security or unauthorized use of your account or use of your password.
3. Term. This Agreement will remain in full force and effect while you use the Site and/or are a Member. You may terminate your membership at any time, for any reason by following the instructions for Deleting Account on the Edit Profile page. peerFit may terminate your membership and suspend or terminate your use of the Service for any reason, at any time, including, without limitation, if peerFit believes that you are under thirteen years of age or you are in breach of any representation, warranty or covenant contained herein.
4. Payment. There is currently no charge for using the Service or the Site; provided, however, that peerFit reserves the right to institute registration, membership or other fees at any time in its sole discretion, either for continuing use of the Service or for any specific functionality. If peerFit institutes any such fees, Your access to the Service or the specific functionality may be terminated or restricted if You do not choose to pay such registration or other fees.
5. Use of the Site and Service. In accessing the Site, you agree that you will access and use the Site and information therein solely for your own private use and not for any commercial or public use. If you register as a Facility or Instructor, you may use the Service solely for your internal business purposes as permitted on the Service. If you register as an individual Member or a Group, you may use the Service solely for your own personal noncommercial use. Use of these materials or information for any other purposes is prohibited without peerFit’s prior written consent. Illegal and/or unauthorized uses of the Web site, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Web site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.
You acknowledge and agree that the Service and the Site may include advertisements, which advertisements may be targeted based on your personal preferences and activities as provided to the Service. peerFit will not, however, provide your name or personally identifiable information to any such advertiser without your permission (See Privacy.) You agree that such advertisements are a necessary part of the Service.
6. Intellectual Property Rights in the Site and Service. peerFit owns and retains all proprietary rights in the Site and the Service, including without limitation, all content, graphics, video, sound, logos, software, trademarks, service marks and other material therein (the “Content”) and all intellectual property rights associated with the Content. Except for that information or content which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, republish, mirror, frame, transmit, distribute, perform, display, sell, or otherwise make available to third parties the Site, the Service or any Content. Your use of this Site or Service does not create any license or any other rights in peerFit's or any third party's copyrights, trademarks or any other intellectual property or proprietary rights. All product names, logos, trademarks and service marks appearing on this Web site are the property of peerFit or other third parties. Nothing in these terms of use shall be construed to grant you any right or license in any of these names, logos, trademarks or service marks without the prior written consent of the owner. All rights in and to the Service and the Site not expressly granted herein are reserved by peerFit.
7. User Content.
Even though all of the above is strictly prohibited, there is a chance that you might become exposed to other User Content that you find objectionable or offensive and you further waive youur right to any damages (from any party) related to such exposure.
8. Member Disputes. You are solely responsible for your interactions with other peerFit Members. peerFit reserves the right, but has no obligation, to monitor disputes between you and other Members.
9. Privacy. Use of the Site and/or the Service is also governed by our Privacy Policy.
10. Disclaimers.
Health and Exercise Disclaimers. We urge you to consult your physician or other health care professional before starting any exercise or fitness program to determine if it is right for your needs. This is particularly true if you (or your family) have a history of high blood pressure or heart disease, or if you have ever experienced chest pain when exercising or have experienced chest pain in the past month when not engaged in physical activity, smoke, have high cholesterol, are obese, or have a bone or joint problem that could be made worse by a change in physical activity. Do not start this or any other fitness program if your physician or health care provider advises against it.
Please note that we do not review, qualify or warrant any workout program or materials provided on the Service, whether from a Facility, Instructor or other Member. You are solely responsible for your use of any such program or materials. Regardless of the workout program, you should warm up for a few minutes prior to starting any exercise. Always exercise at a level at which you feel comfortable. If you experience discomfort, faintness, dizziness, pain or shortness of breath at any time while exercising you should stop immediately.
The recommendations, instructions and advice contained on the Site or through the Service are in no way intended to replace or to be construed as medical advice, diagnosis or treatment, and are offered for informational and entertainment purposes only. If you have any concerns or questions about your health, you should always consult with a physician or other health care professional. Do not disregard, avoid or delay obtaining medical or health related advice from your health care professional because of any content you may obtain through the Site or Service. The use of any information provided on the Site or through the Service is solely at your own risk.
You acknowledge that there is a risk of injury associated with any exercise activity. Always use safe techniques and protective equipment when engaging in exercise. If you are unfamiliar with or do not understand the proper techniques and/or use of equipment for the exercises you intend to perform, please seek advice and assistance before performing them. peerFit is not responsible or liable for any injury that may result from improper use of any workout programs provided on the Service or any exercise program or activity in which you participate arising from use of the Site or Service. By using the Site and Service, you agree to accept all risks associated with any workout programs or materials you obtain or participate in and that you will not hold peerFit liable for any injury or illness that may occur.
If you are in the United States and think you are having a medical or health emergency, call your health care professional, or 911, immediately.
General Disclaimers. THE WEBSITE AND SERVICE MAY CONTAINS INFORMATION, FACTS, OPINIONS, AND RECOMMENDATIONS OF VARIOUS INDIVIDUALS AND ORGANIZATIONS REGARDING GYMS, WORKOUT FACILITIES, INSTRUCTORS, SPORTS, HEALTH, AND FITNESS. peerFit AND ITS AFFILIATES, AGENTS AND LICENSORS CANNOT, AND DO NOT, GUARANTEE THE ACCURACY, COMPLETENESS, TIMELINESS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPSE OF, OR OTHERWISE ENDORSE, ANY OPINIONS OR RECOMMENDATIONS OR ANY INSTRUCTORS OR FACILITIES THAT MAY PARTICIPATE IN OR BE LISTED ON THE SITE OR SERVICE.
peerFit IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE WEB SITE OR MEMBER OF THE SERVICE. peerFit ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, USER OR MEMBER COMMUNICATIONS. peerFit IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF EMAIL OR PLAYERS ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEB SITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO USERS AND/OR MEMBERS OR TO ANY OTHER PERSON'S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE WEB AND/OR IN CONNECTION WITH THE SERVICE.
THE SERVICE AND ALL CONTENT AND INFORMATION INCLUDED IN OR AVAILABLE THROUGH THE SITE OR SERVICE ARE PROVIDED "AS IS" FOR YOUR USE WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, peerFit DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. peerFit CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE. peerFit DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS AND INFORMATION ON THIS SITE OR ANY SITES LINKED TO THIS SITE. NOR DOES peerFit WARRANT THAT THE SITE WILL BE ACCESSIBLE AT ALL TIMES OR IN ALL GEOGRAPHIC AREAS. THE SERVICE MAY BE TEMPORARILY UNAVAILABLE FROM TIME TO TIME FOR MAINTENANCE OR OTHER REASONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM peerFit OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. FURTHER, peerFit DOES NOT WARRANT THAT THIS SITE OR THE SERVICE ARE FREE FROM COMPUTER VIRUSES, WORMS OR OTHER HARMFUL EFFECTS. YOUR USE OF THE SITE AND SERVICE IS SOLELY AT YOUR OWN RISK
11. Limitation on Liability. EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, UNDER NO CIRCUMSTANCES SHALL peerFit BE LIABLE FOR ANY DIRECT, INDIRECT, ACTUAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES ATTRIBUTABLE TO ANY PERSONALY INJURY OR DEATH, LOSS OF DATA, LOSS OF BUSINESS, OR LOSS OF USE, ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES OR THE SITE (OR WEB SITES LINKED TO THE SITE), EVEN IF peerFit HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, peerFit 'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO peerFit FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.
12. Facilities and Instructors; Third Party Services and Websites. peerFit does not qualify, endorse, investigate or approve any Facilities or Instructors listed on the Service. You are solely responsible for ensuring that any such Facilities and Instructors from whom you purchase materials, such as workout materials, or services are qualified or meet your needs. In no event will peerFit be responsible or liable for any materials or services provided by such Facilities or Instructors or for their failure to provide any such materials or services. The Site and Service may contain links to third party websites that are not owned or controlled by peerFit. peer Fit has no control over, and assumes no responsibility for, the content, privacy policies, products, services or practices of any third party websites. In addition, peerFit will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve peerFit from any and all liability arising from or in connection with your use of any Facility, Instructor or third-party website.
13. Disputes. If there is any dispute about or involving the Site and/or the Service, by using the Web site, you agree that the dispute will be governed by the laws of the State of Florida without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of Florida.
14. Indemnity. You agree to indemnify and hold peerFit, its subsidiaries, affiliates, and their respective officers, agents, representatives and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
15. No Agency. There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between peerFit and any User of the Service.
16. Location of Service The Service and Site is controlled and offered by peerFit from its facilities in the United States of America. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
17. Feedback. You understand and agree that any ideas or suggestions for improvements to the Site or Service, including without limitation, enhancements, new functionality or concepts, shall be owned by peerFit. peerFit shall have the right to use any such ideas or suggestions in its sole discretion and with no payment or consideration to You.
18. Assignment. These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by peerFit without restriction.
19. Other. These Terms of Use, accepted upon use of the Site and further affirmed by becoming a Member of the Service, contains the entire agreement between you and peerFit regarding the use of the Site and/or the Service. If any terms and conditions of this Agreement are not accepted by you in full, you do not have permission to access the contents of the Site or use the Service and therefore should cease using this Web site immediately The failure of peerFit to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
Please contact us with any questions regarding these Terms of Use at matt@peerFit.com.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE
