Last revised: January 11, 2016
Notice: PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE FITDEGREE SERVICE.
ANY DISPUTE BETWEEN YOU AND US MUST BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION. PLEASE READ THE ARBITRATION PROVISION IN THESE TERMS AS IT AFFECTS YOUR RIGHTS UNDER THESE TERMS.
NOTHING IN THESE TERMS IS INTENDED TO AFFECT YOUR RIGHTS UNDER THE LAW IN YOUR PLACE OF RESIDENCE. IF THERE IS A CONFLICT BETWEEN THOSE RIGHTS AND THESE TERMS, YOUR RIGHTS UNDER APPLICABLE LOCAL LAW WILL PREVAIL.
Welcome to fitDEGREE! We are fitDEGREE, LLC, a Delaware limited liability company (“fitDEGREE”, “we”, “us” and “our”). We provide services via a variety of technologies, including the website at www.fitdegree.com and a mobile application (collectively, the “Service”). The technologies that make up the Service may change from time to time.
As a condition to your right to access and use the Service, you agree to these Terms and to strictly observe the following Do’s and Don’t’s.Do the following:
Do comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements.
Do provide accurate information to us and update it as necessary.
Do review and comply with notices sent by us concerning the Service.Don’t do the following:
Don’t act dishonestly, inappropriately or unprofessionally by posting inappropriate, inaccurate, or objectionable information or other content ("Content").
Don’t reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property contained or embedded in or used to provide the Service or the fitDEGREE Content, or any part thereof.
Don’t include information in the Service, except in designated fields, that reveals the identity or sensitive personal information of you or anyone else, such as an address that is confidential in nature.
Don’t use any information, data or Content you view or obtain from our Service to provide any services that are competitive with our Service.
Don’t imply or state, directly or indirectly, that you are affiliated with or endorsed by fitDEGREE, unless you have entered into a written agreement with fitDEGREE that expressly permits you to say that.
Don’t adapt, modify or create derivative works based on any part of the Service or the technology underlying the Service.
Don’t rent, lease, loan, trade, sell or re-sell access to the Service or any Content (other than Content you personally own) or any data on the Service.
Don’t use software, devices, scripts, robots or other means or processes to access, “scrape,” “crawl” or “spider” any part of the Service.
Don’t use bots or other automated methods to add or download Content, or send or redirect messages or other permitted activities other than through fitDEGREE-sanctioned tools.
Don’t access the Service for purposes of monitoring its availability, performance or functionality, or for any competitive purpose.
Don’t engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Service.
Don’t access the Service by any means other than through the interfaces provided by fitDEGREE.
Don’t override any security component included in or underlying the Service.
Don’t engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to, unsolicited communications to other users or fitDEGREE personnel, attempts to gain unauthorized access, or transmission or activation of computer viruses.
Don’t remove any copyright, trademark or other proprietary rights notices contained in or on the Service, including any of our notices or notices of our licensors, or any notices of any other users.
Don’t collect, use or transfer any information, including any Personal Information, obtained from the Service, except as expressly permitted in the Terms or as the owner of the information may expressly permit in writing.
Don’t interfere with or disrupt the Service, including but not limited to any servers or networks connected to the Service.
Don’t infringe or use the Service’s or fitDEGREE’s brands, logos, trademarks or service marks, including, without limitation in any business name, email, or URL.
Don’t access, tamper with, or use non-public areas of the Service, fitDEGREE’s computer systems, or the technical delivery systems of fitDEGREE’s providers.
Don’t forge any Transmission Control Protocol/Internet Protocol (“TCP/IP”) packet header or any part of the header information in any email or posting, or in any way use the Service to send altered, deceptive or false source-identifying information.Don’t upload, post, email, transmit or otherwise make available or initiate any communication, Content or data that:
You must be at least 13 years old to use the Service. You warrant that you have the right, authority and capacity to enter into these Terms as a binding agreement.
The account you use has been established by your Club for use in accordance with the Club Agreement and these Terms. Your Club may have provided us with Personal Information in connection with your account, including your email address, first name, birthday and password. You expressly acknowledge and agree that we may obtain and share your user name and Personal Information in connection with providing the Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your user name and password. Therefore, you must not share or disclose your password with anyone other than those individuals specified by your Club. fitDEGREE recommends that the Club and you should use a “strong” password for each account, e.g., a password that is not a dictionary term or other word, and combines numbers, upper case letters, lower case letters, and non-alphanumeric characters. You acknowledge that passwords may be compromised no matter how strong the password. fitDEGREE is not liable to you or your Club for any loss or damage arising from any third party accessing or using your account without your permission, regardless of how the third party accesses your account.
Please take precautions to protect your user name and password, and contact us at firstname.lastname@example.org if you believe your account has been accessed by an unauthorized person.
We reserve the right at all times (but will not have an obligation) to remove, or refuse to collect or distribute any Content on the Service, to suspend or terminate users, and to reclaim user names and change passwords without liability to you or your Club. We also reserve the right to access, read, preserve, and disclose any data, information or other Content as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms and the applicable Club Agreement, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of fitDEGREE, its users and the public.
fitDEGREE respects the intellectual property rights of others and expects users of the Service to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law (including the Digital Millennium Copyright or “DMCA” at 17 U.S.C. §512) and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please review the DMCA to ensure your compliance before you send us any request to remove allegedly-infringing Content (“Takedown Notice”). Each Takedown Notice must be in English and include the following information:
On our receipt of a Takedown Notice, we may publish the Takedown Notice, or provide a copy of the Takedown Notice to the user that uploaded or provided the Content. For any Takedown Notice that is subject to the provisions of the DMCA, the original provider of the Content may have the right to send a notice to us (“Counter Notice”) demanding that the Content be restored to the Service.
In compliance with the DMCA or other applicable law, we may implement any Takedown Notice by removing the accused Content or other material from public view on the Service, and we may implement any Counter Notice by restoring the accused Content or other material to public view on the Service.
Regardless of the DMCA or other applicable laws or regulations, we reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you or anyone else. In appropriate circumstances, fitDEGREE will also terminate a user’s account if we determine the user to be a repeat infringer. Our designated copyright agent for notice of alleged copyright infringement appearing on the Service is:
Attn: Copyright Agent
68 Paderewski Road
Oak Ridge, NJ 07438
SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
DO NOT RELY ON THE SERVICE, OR ANY CONTENT OR INFORMATION ON OR IN THE SERVICE. WE PROVIDE THE SERVICE AND ALL INFORMATION, INCLUDING THE CONTENT, ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY GOBABL OR ANYTHING RELATED TO THE SERVICE, YOU MAY STOP USING THE SERVICE, AS FURTHER STATED IN THE TERMINATION PROVISIONS OF THE CLUB AGREEMENT. TERMINATION IS YOUR SOLE AND EXCLUSIVE REMEDY.
WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES.
WE DO NOT GUARANTEE THAT THE SERVICE WILL FUNCTION WITHOUT INTERRUPTION OR WITHOUT ERRORS. IN PARTICULAR, THE OPERATION OF THE SERVICE, INCLUDING THE FITDEGREE WEBSITE OR APPLICATION, MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. WE DISCLAIM ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS. FURTHERMORE, WE DISCLAIM ALL LIABILITY FOR ANY MALFUNCTIONS, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE SERVICE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.
SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
NEITHER WE NOR ANY OF OUR SUBSIDIARIES, AFFILIATED COMPANIES, OFFICERS, EMPLOYEES, MEMBERS, OR DIRECTORS (“FITDEGREE AFFILIATES”) SHALL BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES, IF ANY, PAID BY YOUR CLUB TO FITDEGREE DURING THE CALENDAR YEAR IN WHICH SUCH EVENT IS CLAIMED TO HAVE OCCURRED, OR USD $100, WHICHEVER AMOUNT IS GREATER.
NEITHER FITDEGREE NOR ANY FITDEGREE AFFILIATES SHALL BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOSS OF USE, PROFIT, REVENUE OR DATA TO YOU OR ANY THIRD PERSON. THIS LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF WHETHER (I) YOU BASE YOUR CLAIM ON CONTRACT, TORT, STATUTE OR ANY OTHER LEGAL THEORY, (II) WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF SUCH DAMAGES, OR (III) THE LIMITED REMEDIES PROVIDED IN THESE TERMS FAIL OF THEIR ESSENTIAL PURPOSE.
These Terms and any action related thereto will be governed by the law of the State of New Jersey, and the federal laws of the United States of America, without regard to or application of any conflict of laws provisions or principles. Any dispute between us or arising out of these Terms, their performance, or the Service shall be determined by one arbitrator in binding arbitration administered by the American Arbitration Association (“AAA”) pursuant to its Commercial Arbitration Rules. The language of the arbitration shall be English.
To accommodate parties and witnesses that may be distant from each other, each hearing shall be conducted and all testimony shall be entered by audio conference or video conference. The award of the arbitrator shall be final and binding on the parties, and may be entered and enforced in any court or other tribunal of competent jurisdiction.
Proceedings will be conducted on an individual basis. Neither you, your Club, nor fitDEGREE may seek to have a dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding can be combined with another proceeding without the prior written consent of all parties to the arbitration or proceeding. If this class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and will be administered by the AAA pursuant to its Supplementary Rules for Class Arbitrations, with the remaining parts proceeding in individual arbitration.
Severability: If any provision of these Terms is found by an arbitrator or court of competent jurisdiction to be illegal, void, or unenforceable, the provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the parties with respect to the provisions within the context of the overall Terms. If a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of these Terms will not be affected.
Contact Us: You may contact us via email at email@example.com. Or via postal mail or courier at:
Attn: Law Department
68 Paderewski Road
Oak Ridge, NJ 07438
Amendments to these Terms: We reserve the right to modify, supplement or replace these Terms, effective upon no less than thirty (30) days prior written notice to the email address we have for you. If we have no email address for you, then the modified Terms will take effect thirty (30) days after we post them on our website at www.fitdegree.com or our mobile application. Your use of the Service thirty days after any such update or modification shall confirm your agreement to the modified version of the Terms. If you do not want to agree to changes to the Terms, you may terminate your account with us, or otherwise terminate your use of the Service, prior to the modified Terms taking effect, in which case the prior set of Terms in effect as of the date of termination shall continue to control any disputes or other issues that may arise regarding your use of the Service. Only modifications, supplements or replacements of these Terms as stated in this provision shall be valid and effective to amend the Terms. Any other purported amendments shall be void and of no force or effect.
Effective Date: January 11, 2016
Welcome to fitDEGREE! fitDEGREE, LLC, a Delaware limited liability company (“fitDEGREE”, “we”, “us” and “our”) provides our users with a combination of services, including via the website at www.fitdegree.com and the fitDEGREE mobile application(collectively, the “Service”). Portions of the Service we currently offer may change from time to time as technology evolves. Each person who uses the Service is referred to as a “user” or “you” or “your”. If you register with us, we will refer to you as a “registered user”.
By using our Service you understand and agree that we are providing a platform for you to identify and meet with other users of the Service to engage in fitness activities, including creating Events (as defined below), comments and discussions between users, and other materials (“Content”).
Location Information: You may tell us your location (but you are not required to do so) when you set your location settings via the fitDEGREE application by providing us with a general locale (e.g., New York City), or enable your computer or mobile device to send us specific location information (i.e., via a global positioning system (“GPS”)). We may use and store information about your location to provide features of our Service, to determine the appropriate content to show you, and to improve and customize the Service.
Communications between you and other fitDEGREE users: The fitDEGREE mobile app allows you to communicate directly with other fitDEGREE users through the mobile app. Copies of communications between users will stored on fitDEGREE’s servers and displayed on user’s phones. You may delete communications between individual users and group communications.
Communications between you and fitDEGREE: We may send you Service-related emails (e.g., account verification, changes/updates to features of the Service, technical and security notices), and we may collect and store these communications. Note that you may not opt out of Service-related e-mails from us.
Event Creation:You may create events with main activities (e.g., weights, cardio, group fitness class) and sub-activities (e.g., weights: chest) for other fitDEGREE users to view and join (“Event(s)”). Each Event contains additional information such as the specific network for which you are creating the Event (e.g., by school or specific gym location) (“Network(s)”), as well as desired partner qualities, such as experience level and gender. We will display any Event publicly on the Service. When you create a new Event, that information will be stored on fitDEGREE servers then made available for users to view on the app.
Analytics: We use third-party analytics tools to help us measure traffic and usage trends and other Non-Personal Information for the Service (e.g. date and time when you log in and log out of the app). These tools collect information sent by your device or our Service, including the web pages you visit, add-ons, and other information that assists us in improving the Service. We collect and combine this analytics information with analytics information from other users so that it cannot be used to identify any particular individual user.
Metadata: Metadata is usually technical data that is associated with other data, including Content. For example, metadata can describe how, when and by whom a piece of Content was collected and how that Content is formatted. We may store metadata to provide you with particular services.
Links: fitDEGREE may keep track of how you interact with links across our Service, including our email notifications and third-party services by redirecting clicks or through other means. We do this to help improve our Service, to provide more relevant local data, and to be able to share aggregate click statistics such as how many times a particular link was clicked on.
Device Identifiers: For each device you use to access our Service (e.g., laptop computer, mobile phone, tablet), we may access, collect, monitor, store on your device, or remotely store one or more "device identifiers." Device identifiers are small data files or similar data structures stored on or associated with your device, which uniquely identify your device. A device identifier may be data stored in connection with the device hardware, data stored in connection with the device's operating system or other software, or data sent to the device by fitDEGREE. In the alternative, a device identifier may be a serial number or other identification associated with a particular type of device or part that is unique to your device (e.g., a “media access control” number or “MAC”) that we store to identify and differentiate different devices. A device identifier may be used to deliver information to us or to a third-party partner about how you browse and use the Service and may help us or others provide reports or personalized content and ads. Some features of the Service may not function properly if use or availability of device identifiers is impaired or disabled.
Log Data: Our servers automatically record information ("Log Data") created by your use of the Service. Log Data may include information such as your Internet Protocol (“IP”) address, browser type, operating system, the referring web page, pages visited, location, your mobile carrier, device and application IDs, search terms, and cookie information. We receive Log Data when you interact with our Service, for example, when you visit our website, sign into our Service or interact with our email notifications. fitDEGREE uses Log Data to provide our Service and to measure, customize, and improve the Service.
We only share your Personal Information in the following limited circumstances:
With Your Consent: We will share Personal Information with companies, organizations or individuals outside of fitDEGREE when we have your consent to do so.
Affiliates of fitDEGREE: We may share your Personal Information with our fitDEGREE affiliates (meaning entities controlled by, controlling or under common control with fitDEGREE) as necessary to provide the Service.
Cookies: Cookies are unique identifiers that we transfer to your device to enable our systems to recognize your device and to provide features and personalized advertisements. Where you access the Service via a browser, the Help feature on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether.
Advertisers: fitDEGREE currently permits advertising through our Service. To the extent we display advertising on fitDEGREE, we may allow advertisers and advertising networks to collect information about your mobile device (including mobile device IDs), activities, and geographic location to enable them to display targeted ads to you. We will not provide any personally identifiable information (such as your name or email address) to advertisers. Some advertisers may contact users outside of the fitDEGREE mobile app.
Service Providers: We may employ third party companies and individuals to facilitate our Service (e.g., maintenance, analysis, audit, marketing and development). These third parties may have limited access to your information only to perform these tasks on our behalf and are obligated to fitDEGREE not to disclose or use it for other purposes.
Required by Law: We may access, preserve and share your Personal Information in response to a legal request (like a search warrant, court order or subpoena). We may also access, preserve and share information when we have a good faith belief it is necessary to: detect, prevent and address fraud and other illegal activity; to protect ourselves, you and others, including as part of investigations; and to prevent death or imminent bodily harm. Information we receive about you may be accessed, processed and retained for an extended period of time when it is the subject of a legal request or obligation, governmental investigation, or investigations concerning possible violations of our terms or policies, or otherwise to prevent harm.
Change of Control: If we sell or otherwise transfer part or the whole of fitDEGREE or our assets to another organization (e.g., in the course of a transaction like a merger, acquisition, bankruptcy, dissolution, liquidation), your Personal Information such as user name and email address, Content and any other information collected through the Service may be among the items sold or transferred. You will continue to own your Content, but the license you granted in the Terms may be transferred to others.
Non-Personal Information: We may share aggregated information that is not personally-identifiable information (“Non-Personal Information”) publicly and with publishers, marketers, advertisers or connected sites. For example, we may share Non- Personal Information publicly to show trends about the general use of our services. Non- Personal Information includes collective information about multiple users that does not reflect or reference an individually-identifiable user.
Any information or content that you voluntarily disclose for use of the Service, such as your name or your Personal Information, becomes available to the public, as controlled by any applicable privacy settings that you set. To change your privacy settings on the Service, please change your profile setting. Once you have shared your Personal Information, or otherwise made it public, that Personal Information may be re-shared by others.
As a User, you have the following obligations to fitDEGREE and to other users:
Our Service is not directed to persons under age 13, and they may not use the Service. If you are the parent or guardian of a child under 13, and you become aware that your child has provided us with Personal Information or Content without your consent, please contact us at firstname.lastname@example.org and we will remove such information and terminate the child's account.
If you are a California resident, California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your personal information by fitDEGREE to third parties for the third parties’ direct marketing purposes. To make such a request, please send an email to email@example.com, or send us postal mail at:
68 Paderewski Road
Oak Ridge, NJ 07438
Pursuant to California Civil Code Section 1798.83(c)(2), fitDEGREE does not share users’ Personal Information with affiliate companies or others outside fitDEGREE for those parties’ direct marketing use unless a user elects that we do so.
68 Paderewski Road
Oak Ridge, NJ 07438